[Solved] Directions hearing this week for varying a court order

Hi, that sounds positive, good luck for the hearing.

That sounds like positive news!

Hope the next hearing goes well. As from experience with my partner, once cafcass has done their report which is generally telephone interview, they go to the first hearing and have another interview with you but that's it. They've never been to my partner's final hearing.
Keep us updated next month.

Thanks for the update Kobayashi. All in all it sounds as though it went well, did CAFCASS not say that there needs to be no further involvement from them? It may indicate that on their report. Were there any recommendations on their report about what you're asking for?

Hopefully it will be pretty straightforward at the next hearing, I will say that sometimes Magistrates can be a bit weak, let's hope you get some that will make the necessary decisions... as I said, your asks are reasonable and there shouldn't be a problem... as Yoda also says, if the mother has safeguarding concerns, why was one overnight ok but two isn't?

Best of luck

Thanks guys, I had an email from Cafcass this afternoon (they work long hours) to say that their involvement in the proceedings is now finished, which is great tbh. One of the points was hard work trying to set the record straight, so I didn't want to have to say it all again if possible.

I've added what you've said on the safeguarding concerns to my speech for the court as well thanks Mojo/Yoda - I do like that.

I'll keep you updated as it goes along, but so far so good 🙂

Sorry to come back so fast. I've been running through each point, and reasons the mother has given so far in both mediation and the directions hearing as to why she feels I shouldn't get them. Christmas has become a big sticking point and probably will be the most contested when we go back to court. On my original court order it simple states 3 nights at Christmas going forward. I at the time assumed this would be mixed over Xmas day but its been 27th-30th Dec each year. Tbh I've not caused too many waves over it as the court order in general has worked so well that it wasn't a major thing to begin with. However i feel now as my son is quite bit older that he should spend Xmas with both parents, and to split it. Her argument is that she has a much bigger family than me, and they all live local. She has 3 siblings who all have children, and all meet up over Xmas.

My counter argument (and this is were im not sure if it sounds wrong to bring it up in court) is that although I don't have family local and am an only child so there are no cousins or large family, I have had a girlfriend with me for the last four Christmas's since the original court order was brought in. My sons mum has been single since he was born so does not have the same family unit so to speak. I know how this sounds when i'm typing it out - would it sound callous to say something along those lines in court, or might it be perceived as i'm being spiteful to the mother would you think? I just can't argue against the size of her family with my own, and I know she'll try to swing it that my son would enjoy it more with all his cousins rather than being with me (which effectively the court may use to make its decision). Any thoughts would be greatly appreciated. Btw im asking for 22-26th and 26-30th on alternate years, handover 12-noon on all days.

I don't think the size of the family will necessarily hold sway in court, the court will be concerned that your son does get time with you. You could possibly give a little with the way the time is split over xmas, but only if the court needs any concession.

Thanks actd. I've left it off the position statement completely, and concentrated on actually spending Christmas's with both parents and how good that is for my son. Just good to hear a second opinion on it thanks.

In my experience, unless there is a difficult logistical issue such as living miles apart, personal family circumstances should not be a reason to minimise time with the non resident parent over Christmas. I would focus on putting everything from your son's point of view, and the fact he should be entitled to have a meaningful relationship with both of his parents, and having the chance to celebrate special occasions together should form part of that.

Be clear about what you would like the court to do and perhaps ask for a little more contact than you would be happy to accept - that way you can be seen to compromise if the court don't give you exactly what you ask for.

I would definitely state that your son should be able to bond with both sides of his family and grow building memories with both sides of his family. I do not think that the wider family should have an impact because you and his mum are his immediate family who should experience these occasions with him.

As Yoda said unless there are issues such as living miles apart there shouldn't be anything to minimise your son's time with you. And as Yoda said put vleverything in your son's perspective

My partner lives 30-40 miles from his ex so they share Christmas by (year 1) my partner would have his daughter on Christmas Eve into Christmas day and his daughter will be returned boxing day morning. (Year 2) collect his daughter boxing day morning and returned the evening of 27th.
So it's very similar to what you are asking so I think it's reasonable.

Thanks Yoda/LDad. I've made sure everything is shown to be about my son and not what I want, and also celebrating and having memories of special occasions with both parents. It's good to hear others opinions thank you.

The court order has asked for a "statement of evidence" to be provided (rather than a "position statement" that I was expecting, and have prepared). From what I can tell googling these are pretty much the same thing, but would anyone be able to confirm?

A PS is essential pretty brief, usually no more than a couple of pages covering a little background, the issues and what you would like to happen. There should be nothing attached to it, such as evidence you may wish the court to see.

A statement of evidence can be more detailed, longer and evidence that you have can be referenced in the statement and attached to it, thereby enabling you to have said evidence filed to form part of your case.

Thanks again Mojo. They've asked for a maximum of 5 pages and i've just given a lot more details on the items in my position statement which made it surprisingly easy to fill the 5 pages. It's been submitted today, and got nearly two weeks until the mothers reply to this is due back. Hopefully all looks ok, i'll update on here when I hear more.