[Solved] Final hearing

hi TC, and welcome on here.

Can you give us a bit more background as to what has happened so far, and when the final hearing is due?

Unfortunately, we can't ask the CCLC to give any advice on here as you already have legal representation, but yoji has a good knowledge of this area, so may be able to help out - it's worth searching through his posts as I think he's posted on this previously.

I started legal preceding after a year of inconsistent contact with my two girls as it was upsetting both for them and me. The case has been going on for 13 months, over this time i have had weekly contact for two hours, one hour at my ex's house and one hour to take the girls out. Then for the last 4 months at a contact center because at the last hearing i asked for it to be moved as my ex would not stop interfering during the hour at her house, which made me and the children uncomfortable. I am asking for unsupervised contact for a full day every week or every other weekend. She has stated various reasons why i should not have unsupervised visits from me being a alcoholic to me beating the children and has even accused my new partner who is a welfare support worker at a nursery, of being nasty to the children. Twice we have been sent to mediation and in both instances she did not attend. It just seems that she has done everything she can to drag the process out . She even refuses to give me parental rights even though the judge said that he will give them to me. The final hearing is on the 8th of next month.

Hi tc,

With regard to your final hearing, it will be a formal process whereby a decision will be made on the day.

If you are worried about the lies your ex is telling, then it is always worth mentioning her to have proof of these events. What i would say is generally, if CAFCASS have assessed a no risk to your daughters, then a Court would not like to hear any arguments. A common tactic is for mothers to instantly cite Domestic Violence following the breakdown of a relationship, or claim it was present throughout an otherwise stable/unstable relationship.

Courts will be quite aware of this tactic so i wouldn't worry too much.

The Courts primary focus will be on what Contact you are seeking, how soon this should be implemented from and what measures have you already taken against/to ensure your daughters have a home

Other issues are very rarely brought up unless they pose a safeguarding or welfare issue.

I would definately make the following recommendations:
- State that you have attempted mediation, and on both occasions your ex has not shown up
- For the final hearing this Friday (3rd February) i would contact the Courts firstly to check that her Solicitor has sent in the File 4, and if not contact her Solicitors directly to check that they have or are in the process of sending. Repeat this next Monday (6th) and Tuesday (7th)... This is a common tactic used by Solicitors in order to delay the inevitable

It actually looks to me that you have several issues to contend with in the final hearing.
Parental Rights
Contact (unsupervised)

I would say Parental Rights will be the first issue that gets absolved through the Courts as this will be the most simple. She will have to give reasons why you should not have PR and you have the opportunity to put forward your own opinion and also the chance to challenge allegations.

As with regard to the hearing relating to Contact, a Court will hear her reasons why Unsupervised Contact can not go ahead, followed by her Legal Representation questioning you these can be a wide range of questions, however it isn't like a mastermind quiz, but yes, some questions will be asked with the intention of tripping you up. You then have the opportunity to ask your own questions. If you struggle the Legal Advisor (to the Panel/Judge) can ask questions on your behalf.

These questions will all be about the issue of "Why should unsupervised contact go ahead".

If you have any further questions i will be checking daily from now on as been a bit hectic over the past week or so 🙂

And if no further questions, wish you the best of luck and let us know how you get on 🙂

Hey, best of luck, stay positive and let us know how you get on

Hi,
I would like to thank you all for your comments and also have more info for you. Both children were on the at risk register due to my ex's new partner. So the court asked social services for a section 7 report.

The report was a shambles at best and my solicitors have asked for her to be at the final hearing to be cross examined. The report stated that my eldest daughter has said that i made her cook dinner and clean my house, She was 7 when this apparently happened. Also it states she said that she said " im not aloud in the car with dad because mum said that he's drunk".

Now i think this shows that they are being told things by there mother. I have had liver tests done off my own back and supplied them to the court. And the social worker has said that she has no concerns with me or my new partner.

sorry about all this there has just been so much that's gone on i cant wait for it to end 🙁