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Hi,
I have filed a C100 (signed off by mediation) to vary my existing court order and have been given a date in about 6 weeks time to attend court for a First Hearing Dispute Resolution Appointment (FHDRA).
Does anyone know what exactly this entails as I now need to start to prepare myself in readiness?
Thanks in advance.
Have you checked out the sticky topics at the top of the legal eagle section on representing yourself - I think a couple of them lay out the procedures, so is a good starting point.
Hi there
Generally you will attend about an hour before the hearing is due to start. This is to see if you and the other party can reach some form of agreement. You may not see the judge this time, it may be dealt with by the court adviser. If agreement can't be reached them reports may be asked for and a second hearing scheduled.
CAFCASS may telephone you before the hearing for a telephone interview, if this is the case you should have received notification of this when you received the paperwork back from the court.
I wouldn't expect too much from the first hearing, it's about seeing what can be agreed and setting in motion any reports that are needed.
Apparently because there is already an order in place there will not be any CAFCASS intervention, so will have to see.
If your ex starts making accusations then don't be surprised if the judge asks for further reports from CAFCASS. Lets hope that's not the case and things are dealt with satisfactorily with no intervention!
Good luck.
Thanks, but we have been having regular contact now since last August and not one concern has been raised as there isn't any. I've got a feeling however due to her nature that she would or could potentially attempt to allege something to slow down the process. But the fact that no concerns have been raised to date, I would like to think that if any were raised now it would be clearly evident she is only doing so to slow down my application to vary. Should I mention this to Cafcass as a concern? But obviously keeping away from being critical of the mother.
I have now decided to ask for Friday night contact (already have wed-thurs & sat-mon every other week) as we have on going collection/drop off issues on Saturday mornings, and my request to incorporate Friday nights would eradicate the need for Saturday collections and also provide a more stable and balanced environment for my daughter as opposed to having contact broken up in the way it is currently.
My daughter too wants Friday night contact and I have written evidence of such where she has pleaded with her mum for this to happen, just not too sure whether I should use this? I know her mum would oppose due to my daughters gym class on Saturdays, gym class that I am unable to take her to, but my daughter wants to do another club with me when, or if she would be here on those Saturdays.
I have also asked for an additional weekend once every 2 months, which I do not feel is excessive.
Any views on my variation proposals are gratefully welcome.
My personal opinion is that what you are asking for is perfectly reasonable, and you may as well ask anyway as the worst that will happen is that you'll be in the same position you are now, but you may just get some or all of what you are asking.
My daughter is now asking for 50/50 time with both me and her mother, to be honest she does constantly ask for this.This is also what she told cafcass last august when only 6 to which they dismissed and now she's nearly 8...I just don't know whether I should request this in the best interest of my daughter or just stick to my Friday night plan...I suppose there would be no harm in requesting 50/50 as it is my daughter who would benefit and who wants this....confused!
Hey!
Welcome, You are not alone here. The best advise I can give which really does work, is ask for more than you want, need or expect. That way you are not going to be disappointed should you get less. This is more of a mental thing for you.
The first hearing is really rather quick, mine was! I had done mediation which didn't work so went to court, the court ordered mediation and there we were told to make an arrangement and this was placed in to a court order.
We then went back in ti the court room where the judges said we were to go back on a set date to go through things in depth. for me that is tomorrow (monday) and I'm nervous. However, judges DO and will take with wishes and feelings of the child if they are old enough in to consideration. So, my advice on this would be include anything you feel that may help you out with the case.
Also remember that you ex may attempt to discredit you. TRY and see past this and concentrate on your case.
Best of luck!
Did mediation take place at court on the day? I've attempted mediation only for her to refuse it. I have put a calendar together in readiness outlining what I have mentioned above and think going to do one for weekly contact too. I have various pictures etc from my daughter stating she wants more time with me, wants to live with me etc, and I know she is only 7 nearly 8 but could I use these too in court or do you think they would be frowned upon?
Just be careful to avoid making it look like you are questioning your daughter, the court may then be of the opinion that she is telling you this to please you...children will often say what they think their parents want to hear when they are feeling pressured.
Thanks Nannyjane, this is what I am cautious of. However when I received the Cafcass report last year this is what she also told them but unfortunately they disregarded it. I feel perhaps that I should propose 50/50 giving valid reasons as to how she would benefit from this without the need to use anything she has drawn or written. At the least I would like the Friday night contact to take place to stop ongoing drop off issues and an additional weekend every 2 months. These are the proposals I shall be making
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