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First Hearing Dispu...
 
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[Solved] First Hearing Dispute Resolution advice

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 Jazz
(@Jazz)
Eminent Member Registered

Hello,I need some help.

Background: My son and I have lived together for over 18 months. He has contact with his mother every weekend and every Monday.
We agreed this by asking my son (9) who he wanted to live with after we split up and then created an agreement, signed it and have been following it ever since. My wife suffered from some mental health issues and even attempted suicide.

Last week I received a document C100 and C6 gatekpeeing and Allocation order to go to court for a 'First Hearing Dispute Resolution with C7 form to complete. Quite stressful! Bit I need some help with the C7 form.

1. Do I OPPOSE the Application my ex has submitted? Presumably YES?
2. If I want to send any additional information in, do I wait to be asked by the court?

Any advice on this is most appreciated

Quote
Topic starter Posted : 19/06/2019 1:41 pm
(@dad-i-d)
Noble Member Registered

my guess is that the C100 will be being applied for, for either more contact or change of contact, change of living arrangements etc... If you oppose anything outlined in the C100 then oppose it and state you reasons for doing so.

the first hearing is simply for the courts to hear you both....her for her application and you for your response to that....if no agreement can be reached then it'll be allocated to a dispute and to a further hearing where you will have your opportunity to provide your statements and evidence etc...

the court may order CAFCASS to do their checks if any needed.

If you have any documents that you want to rely on save them for the hearing after the FHDR hearing, or take a copy with you to that hearing and offer to the court if during the hearing if you feel you need to, but likely you would be told to file it at the next hearing.

ReplyQuote
Posted : 19/06/2019 4:47 pm
 Jazz
(@Jazz)
Eminent Member Registered

Great response! Thank you very much.

ReplyQuote
Topic starter Posted : 19/06/2019 5:19 pm
 Jazz
(@Jazz)
Eminent Member Registered

One thought: Could I request a psychiatric evaluation of my ex if I was worried?

ReplyQuote
Topic starter Posted : 19/06/2019 6:27 pm
(@citydad)
Reputable Member Registered

Yes you can . I imagine you will request rhis ar the fdrha . You need court permission to use an expert witness which is what these people boil down to I think ( As is my understanding )

ReplyQuote
Posted : 19/06/2019 8:21 pm
(@dadmod2)
Illustrious Member

Hi jazz,

so the ex just made the application out of the blue? wonder if she attended MIAM mediation assessment before applying?

ReplyQuote
Posted : 19/06/2019 11:24 pm
 Jazz
(@Jazz)
Eminent Member Registered

Hi mate,
I should add that we did attend 2 sessions of Mediation last year, before I realised that it was £100 a session and had to stop.

ReplyQuote
Topic starter Posted : 20/06/2019 12:31 am
 Jazz
(@Jazz)
Eminent Member Registered

Thank you, that's really helpful.
J

ReplyQuote
Topic starter Posted : 20/06/2019 12:32 am
 Jazz
(@Jazz)
Eminent Member Registered

Just scheduled a call from CAFCASS as part of this process. Anything I need to worry/plan for?

ReplyQuote
Topic starter Posted : 20/06/2019 7:46 pm
(@dadmod2)
Illustrious Member

Hi Jazz,

its pretty basic. will prob last 20-30 minutes. will ask basic details about you and ex, childs name, d.o.b etc. will ask basic questions like what happened, about marriage/relationship breakdown. what are the issues with child contact? they may mention allegations that your ex made. so you have to stay calm and answer them. try your best not to slag off the ex, dont say she is a bad mother.

you have to stay child-focused. every thing has to be in the best interests of the child.

ReplyQuote
Posted : 20/06/2019 11:23 pm
 Jazz
(@Jazz)
Eminent Member Registered

Thank you! Really helpful

ReplyQuote
Topic starter Posted : 22/06/2019 5:07 pm
 Jazz
(@Jazz)
Eminent Member Registered

So here we go CAFCASS call tomorrow. Any last words of advice? Thanks everyone

ReplyQuote
Topic starter Posted : 11/07/2019 1:29 pm
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