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First Directions He...
 
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[Solved] First Directions Hearing Advice.

 
(@blazedup23)
Active Member Registered

Hi All,
I am new on this site and wondering for some help and/or advice.

I have a first directions hearing coming up IN a few weeks time and I am wondering what to expect. I have applied for a breach of contact {Enforcement order} {C79} and I was told by a Solicitor and Family advice line that I wouldn't need to do a C100 because there is already a Contact order still in place, even though it's been breached so any amendments to the existing order goes through the C79.

Anyway I need to know a few things.

a) My Daughter was on the Child protection register because of mental abuse by my ex's husband [no longer together] but came of the register in December 2016 so am I still able to get Legal Aid ?? I had sent the letter to Social Services for proof that daughter was on CPR which I have received back.

b) If I do have to represent myself, what do I expect in regards to CAFCASS and / or My ex's legal representation if she has one. Are CAFCASS supposed to contact me before the hearing as I have applied for overnight contact again but this time around my house in Torquay, they live 300 miles away in Milton Keynes.

Any advice would be appreciated. :cheer:

Quote
Topic starter Posted : 26/04/2017 10:59 pm
(@got-the-tshirt)
Famed Member Registered

Hi There,
.
I don't know much about legal aid, so can't comment on that side of things, but if you represent yourself then most of the questions that you would be asked would be directed through the judge, courts and judges are now quite accomodating towards people representing themselves so don't be put off if you can't get legal aid.
.
GTTS

ReplyQuote
Posted : 27/04/2017 12:33 am
(@blazedup23)
Active Member Registered

What about the Cafcass side of things?

ReplyQuote
Topic starter Posted : 27/04/2017 1:51 am
 Mojo
(@Mojo)
Illustrious Member Registered

Once the application is in, the court will contact CAFCASS, you should have received a letter from them, or will do. They will usually want to interview you prior to the hearing, to provide the court with a Schedule 2 letter, which is a brief report of any safeguarding issues and brief outline of the interview with you both. The interview is conducted over the phone.

If there has been any previous involvement with police or Social Services, this will also be included in the S2, so if you have any previous convictions/cautions it's best to be honest about it when asked. They will mention the Social Services involvement, but as this has been resolved and the perpetrator is no longer around the child, it's debatable whether they will make much of it....although they may recommend a further i depth peport, an S7 be prepared.

I wasn't aware that you could get legal aid if the child in question is on a Child Protection order..... are you in England?

ReplyQuote
Posted : 27/04/2017 2:49 pm
(@blazedup23)
Active Member Registered

Yeah I'm in England.

On the Template letter from the CLA {Civil legal advice} which I had to give to the Social worker to send back in order to get legal aid it states as follows.

To whom it may concern [Insert name of Social Worker if known],

[Select one of the following two paragraphs and delete as appropriate]

I would like to request written confirmation that [insert child’s name] has been assessed in the last 24 months by social services as at risk or being a victim of abuse by [insert perpetrator’s name].

or

I would like to request written confirmation that [insert child’s name] has had a child protection plan in the last 24 months put in place to protect [him/her] from abuse by [insert perpetrator’s name].

This is needed as evidence of child abuse in order that I can access legal aid for a private children’s case in accordance with the Legal Aid, Sentencing & Punishment of Offenders Act 2012. I would therefore be grateful if this could be treated as a matter of urgency.

ReplyQuote
Topic starter Posted : 27/04/2017 3:31 pm
 Mojo
(@Mojo)
Illustrious Member Registered

From what I gather the child must have been on the child protection plan in the last 24months. Thanks for the info, as I said I wasn't aware of this.

http://childlawadvice.org.uk/information-pages/legal-aid-if-your-child-is-at-risk-of-abuse/

ReplyQuote
Posted : 27/04/2017 7:15 pm
(@blazedup23)
Active Member Registered

I was just wondering something else with out doing a seperate topic.

When Cafcass do a wishes and feelings report with my daughter do they talk to her in front of my EX or alone??

Only reason I have a feeling my EX brainwashes my Daughter with lies and Accusations. And she is the type of person that has already probably told my daughter I don't want to see her.

?????

ReplyQuote
Topic starter Posted : 01/05/2017 8:09 pm
 Yoda
(@yoda)
Famed Member

Cafcass should speak with your daughter alone. Sometimes they do this at their offices and sometimes at the child's school.

ReplyQuote
Posted : 01/05/2017 9:21 pm
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