DAD.info
Forum - Ask questions. Get answers.
Welcome to the DAD.Info forum: Important Information – open to read:

Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.

Alternatively, if you are in crisis, please call Samaritans on 116 123.

If you are worried about you or someone you know is at risk of harm, please click here: How we can help

First Court Date To...
 
Notifications
Clear all

[Solved] First Court Date Tomorrow

Page 1 / 2
 
(@laker75)
Eminent Member Registered

Hi Everyone,
Well its nearly 4 in the morning and I cant sleep, got my first court hearing tomorrow (maybe the reason I cant sleep!).

Basically I havent seen my daughter since 11 June this year, my ex refused to go to mediation with me so I had no choice but to go to court so I can have contact with my daughter again.

I know she is going to badmouth me in court so Im prepared for that I have copies of all the emails she has sent me saying im not fit to be a father/man etc etc.

Just a couple of questions:
Should I wear a suit to court, or will a shirt and trousers be enough, I feel I should go as smart as I can to show Im serious but I dont want to overdo it - inane question I know but I want to get everything right.

What happens exactly on the first hearing, its only scheduled for half an hour so cant see much being sorted out, should I take all the emails and text mesages I have saved or just a few main points, my solicitor has a few emails but I didnt ask whether to tae the rest and every time I call them they charge me a fee!!

My solicitor said they may order a "wishes and feelings" for my daughter from CAFCASS - will CAFCASS really be able to get to the bottom of how my daughter is feeling? will they interview all of us together or separately, I know my daughters mum influences her greatly!

Thats aboutall th questions now, not looking forward to christmas to be honest its the first one where I wont be seeing my daughter and am dreading xmas day waiting for the phone to ring, and it most likely wont 🙁

Thanks guys, really helps reading this forum knowing other people are there/going through the same things.

Quote
Topic starter Posted : 20/12/2011 7:49 am
 Info
(@Info)
Estimable Member Registered

Hi there,
im not an expert but heres what i think

first, what you wear doesnt matter!

If you have a solicitor you must clearly state what you want- like contact every Saturday or alternate Sunday or alternate weekend, etc...about your telephonic contact like once or twice a week...about special occasions like birthdays

when you go to the court look for your solicitor and tell him/her about your terms

let me tell you sometime- even if a father is in a prison he can access supervised contact with his kids! it means 'Father has a right to see her daughter'

if cafcass are involved they can't make any immediate assessment based on some emails or stuffs, cafcass worker will have to get into the situation before they can make a suggestion to the court.

Your answer is in your question itself--- the third-last and second last lines are the ones they should consider at least

Good luck mate

ReplyQuote
Posted : 20/12/2011 8:16 am
(@dadmod4)
Illustrious Member

Hi

Quick reply as I'm a but pushed for time at the moment. Wear a suit, it can never do any harm, and likewise take everything you have - better to have it with you and not use it than not have it and find you need it. Good luck.

ReplyQuote
Posted : 20/12/2011 11:35 am
(@dadmod4)
Illustrious Member

OK, a bit more time now.

I'm not sure if the situation has changed in the last few years, but when I went to court a few years ago to get custody of my children, Cafcass had a short meeting with my daughters (on their own, I wasn't in the meeting) immediately before the court hearing and went into court with a recommendation that I should have contact. The judge said at the time, if it wasn't for the fact that my ex hadn't turned up in person, and had just sent her barrister, he would have ordered there and then that I got residence. I think it was a fairly unusual occurrence though.

As I said above, wear a suit. As info says, what you wear doesn't matter, but in reality, while it shouldn't matter, it's not worth coming into court and finding a judge that (unofficially) holds it against you - basically, you can't go wrong wearing a suit, and it says that you have a respect for the court - I certainly always wore a suit (in fact, my suit has been worn more into court than all other occasions put together)

ReplyQuote
Posted : 20/12/2011 4:44 pm
Yoji and Yoji reacted
 Yoji
(@Yoji)
Honorable Member Registered

Hi laker,

Sorry to hear of your situation... unfortunately one that is more common than people would give notice to.

You will have gone to court by now, hopefully suited and booted. Althought these processes are meant to be "informal" they are actually not so at all. The hearings are structured, done in front of people who are smartly dressed and equally... if your ex has a barrister he will be suited and booted.

How old is your Daughter?
What Contact have you requested be made in the C100?
Did you ask that you be allowed Contact with your Daughter over Christmas?

I disagree with Info.. unfortunately there is no automatic right that you have to see your child. The truth of the matter is that Legislation actually can be interpreted that every child born since 1989 is technically an orphan.. and belongs to the state. It is fundamentally the right of the Child to see the parent, not the other way around. You have no automatic right to contact.

CAFCASS will have already given feedback to the Court, and this feedback will be most likely given to a Legal Adviser who will make a decision.

I can't imagine what you must be going through. If you want some tips to try and force the situation and the hand a little quicker... please post back and i can give some good pointers as to what to do.

Hope that today went well and look forward to re-reading this thread later.

ReplyQuote
Posted : 20/12/2011 5:35 pm
(@laker75)
Eminent Member Registered

Thanks for the replies guys.

Yoji I am going to court tomorrow morning, been out and bought a (cheap) suit to wear. My ex and I both have barristers, mine I have to pay for, my ex's is through legal aid.

My daughter is 9 years old (10 in April).

On the C100 form I have requested to see my daughter for 2 days a week with one overnight stay (as was happening before the problems), and half of all holidays.

I havent asked for any contact over this christmas, I actually applied to court at the middle of October didnt realise it was going to take this long to get to court.

I would like this issue to be finished ASAP, would appreciate any suggestions you may have.

I will post back here tomorrow, will let you all know how the hearing went.

ReplyQuote
Topic starter Posted : 20/12/2011 10:27 pm
(@Loving Dad)
Eminent Member Registered

Good luck. I hope you get what you deserve

ReplyQuote
Posted : 21/12/2011 1:37 am
(@laker75)
Eminent Member Registered

Hi again!
Well had the hearing today and went well (kind of) I can at least take a few positives out of today. Basically I get to take my daughters presents round to her and see her on christmas eve at midday 🙂 which I am stoked about (and a little nervous excited too to be honest) and also I get to go and watch her swimming lessons once a week too with a view to more contact.
CAFCASS are going to carry out a SECTION 7 which is apparently a wishes and feelings assessment but in alot more detail, the only negative is that this takes 12 weeks to complete, so the next hearing is not scheduled until the 16th March, so I have to wait until then until any further progress can be made.
Apparently my daughter gets bored when she is round here that is the main reason she doesnt want to come round and she feels let down (wasnt stated exactly why she felt I had let her down).
So thats about all to report at the moment I am so looking forward to christmas eve where I will get to see my daughter for the first time in 6 months, however briefly, makes all the stress worth it, and will now force my ex to be a bit more positive in encouraging my daughter to see me.
Roll on March 16th 🙂

Thanks for all your input, support and help so far.

ReplyQuote
Topic starter Posted : 21/12/2011 10:51 pm
(@dadmod4)
Illustrious Member

Excellent news. It's often a slow process, but worth it 🙂

ReplyQuote
Posted : 22/12/2011 12:05 am
(@Basdad)
Estimable Member Registered

awww good to hear mate, well done

ReplyQuote
Posted : 27/12/2011 2:12 am
(@laker75)
Eminent Member Registered

Hi again,
Just a quick one, Im going to CAFCASS tomorrow for my first interview in reference to a "section 7" report, Im not sure what to expect to be honest has anyone been to one of these before, any idea of the questions Ill be asked and how long it will last?

Thanks in advance

ReplyQuote
Topic starter Posted : 01/02/2012 11:19 pm
(@dadmod4)
Illustrious Member

Not been to a cafcass meeting for some years so can't comment on exactly what will happen, but the simple rule is to answer everything asked as honestly as possible and try to make any comments about your ex's behaviour as factual as possible rather than making it personal.

ReplyQuote
Posted : 01/02/2012 11:34 pm
Page 1 / 2
Share:

Pin It on Pinterest