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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

Thanks. The issue is that he doesn't want to see more of his mother...(he lives with me)

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Topic starter Posted : 18/09/2019 4:46 pm
(@dadmod2)
Illustrious Member

When's the 2nd hearing jazz. Seems like yours is moving forward quite swiftly from the moment you applied. Keep us updated. I'm keeping an eye on this thread. Some useful advice by other members. Appreciate it this gents

mine moved quickly too, despite section 7 report. made application just before xmas. first hearing was 31 jan. 2nd in march if i remember. final one in mid-may.

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Posted : 19/09/2019 12:28 am
(@dad-i-d)
Noble Member Registered

Thanks. The issue is that he doesn't want to see more of his mother...(he lives with me)

OK, well then my previous message still stands that it's the child's right to contact with both parents, however, Court and CAFCASS do and will take in to consideration the wishes and feelings of the child based on their age, maturity and level of understanding....but there are no guarantees which way it will go.
Honesty and child focussed is what you all have to be.

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Posted : 19/09/2019 4:25 pm
 Jazz
(@Jazz)
Eminent Member Registered

Hi Everyone,
I just thought I'd share my latest update.
CAFCASS came and went. I felt like I'd done well, then the report came. ...

They recommended that the routine stayed the same, which has cheered me up no end. We still have to go to court (and the ex has made up some interesting lies, which CAFCASS ignored), but I hear that they try and follow CAFCASS recommendations. CAFCASS were a bit 'He said, she said' but they did make the right decision. There is hope for you all!

Good news. I've been asked to send a Position Statement - do I still need to do that, despite their recommendation?

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Topic starter Posted : 27/09/2019 10:48 pm
(@dadmod2)
Illustrious Member

hi,

by default you should take a position statement to each hearing. usually 2 sides of A4 max. if you disagree with anything from Cafcass recommendations, you can write it down and address it at court.

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Posted : 29/09/2019 9:47 pm
 Jazz
(@Jazz)
Eminent Member Registered

Hi,
I have one final question..

"What if the other half doesn't send the documents requested by the court document?'

I have received nothing in response to the CAFCASS recommendations, with the requested date being yesterday at 4pm.

Guidance, 'Oh wise ones'

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Topic starter Posted : 08/10/2019 12:05 pm
(@dadmod2)
Illustrious Member

hi,

other side either being silly, or they being sneaky and already sent responses to court, cafcass and ignored you. or they might even dump the responses to you on the day. just do your side of the paperwork and turn up to court. i hope court does not postpone/re-schedule hearing because of this.

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Posted : 08/10/2019 8:57 pm
 Jazz
(@Jazz)
Eminent Member Registered

Thanks very much! Should I be worried by this or some very dodgy comments as part of the process, or be assured that the court will trust CAFCASS and ignore the BS?
🙂

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Topic starter Posted : 09/10/2019 12:39 am
(@dadmod2)
Illustrious Member

hi don't worry. maybe your ex will tell court she missed the deadline as she was having her hair done. whens your next hearing?

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Posted : 09/10/2019 10:59 pm
Jazz and Jazz reacted
 Jazz
(@Jazz)
Eminent Member Registered

So, here is an update. After waiting TWO hours past our time we both entered the court.
The court hadn't received any of the documents (or rather passed them on) and spent zero minutes discussing anything with us. They also didn't read her doctor's report, which was requested from her. I received my documents late from her, but again, it wasn't noted.
But, the judge was very 'honest' and wrote most of the issues that we agreed on straight into an agreement. Very helpful.

The only issue was that we both read one suggested Recommendation from CAFCASS in different ways. So it remained unresolved.

When I got home I realised that it was a suggestion that my son was really against (extra day in the week with my ex). What I should do now? When I told him it had been suggested he said that he didn't want it to happen and that he would lose trust in his mother for not listening when he told her previously that he did not want this.

Do I
a. Approach CAFCASS?
b. Appeal against that decision in my next (final) hearing at court?
c. Something else?

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Topic starter Posted : 10/10/2019 12:07 am
(@dadmod2)
Illustrious Member

hi,

yes at final hearing, you argue about anything you disagree with.

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Posted : 10/10/2019 1:07 am
 Jazz
(@Jazz)
Eminent Member Registered

Bill - thank you very much.

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Topic starter Posted : 10/10/2019 1:25 am
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