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Hi all,
So I've recently had my initial court date and it went from bad to worse.
I arrived in high spirits, this date has helped me through the festive period and I was feeling confident on arrival. I got there super early to relax myself and also have a discussion with the cafcass representative.
Firstly I felt a little on the back foot as I hadn't received the initial cafcass report but was aware of some strong allegations against me.
2 and a half hours past and I hadn't been spoken to by the cafcass guy, he knew I was there as the court clerk made him aware.
My time to enter had arrived, still no report or conversation or even a "hello" from cafcass. I actually had to lend a copy of the report from the exs solicitor 2 minutes before I entered the room.
On the back foot and feeling deflated I sat there and heard how I wouldn't have any form of access until a full report has been done. Words can describe that feeling.
They have 'upgraded' the case to the county court for the next hearing. Can anyone please explain why this is?
Try not to be too crestfallen.
This is almost exactly what happened in my case.
No contact was allowed whilst an S7 Report was produced as the ex had made some strong allegations.
The case was transferred to County Court as it was deemed complicated and likely to need "findings of fact" - in other words find out the truth. This can be better achieved by a single Circuit or District Judge rather than a panel of three untrained magistrates. You also have a far better chance of "judicial continuity" in County.
It won't help you now but its all good.
Stay calm and child focussed even when the other side are being animals.
In my case:
Partner left with 4 month old twins in June 2015.
First hearing August 2015 in Magistrates who ordered a Section 7 Report and no contact
Next hearing Magistrates and then sent to County same day - Nov. 2015
The minute we hit County contact was odered. It was a contact centre which gave me a chance to prove myself as a father - the reports were glowing.
By Feb 2016 we were back to consider the contact reports and on the back of those unsupervised contact was ordered.
Also in Feb 2016 we had a finding of fact. All in my favour so a fresh report ordered with the truth in it this time.
April 2016 - next hearing to consider new report - overnight contact was ordered.
Final hearing - November 2016 close to 50-50 shared care ordered.
Its a rollercoaster but when you get it right it's so rewarding.
I agree with just Dads assessment.....It's natural to feel deflated, but it's quite normal for decisions on contact to be delayed whilst allegations are investigated and reports prepared. Have you been asked to make a statement?
It good news that it's been moved up to county court, the judges sitting have so much more experience in family law (magistrates are lay people with limited knowledge and are often weak when dealing with a party making demands/allegations). Hopefully the judge will take a firm hand and get the process moving.
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