[Solved] Magistrates courts?

It sounds like First Hearing before CC and now Directions Hearing before MC...not Final Hearing.

With regards to contact - you mentioned the father has had contact with the child since aged 2 and now the child wants no contact at aged 8 as court proceedings start?

Is this really in the best interest of the child?

UK Law now promotes contact for the non resident parent (typically fathers), unless there are safeguarding grounds not to...

Hi Bobbya,

Unfortunately Coram are no longer logging into the forum, you can still contact them yourself though and ask you questions.

GTTS

Just because the law states a child has the right to know both parents does not automatically mean it is in their interest to see them

The child has said they do not want to go and are at an age and understanding to be aware of the situation to the point he cried with happiness when. We told him the update from yesterday!

Should this case be in front of the magistrates and what would the process ?

Should it be in front of the county court?

Are you aware you shouldn't be discussing the case with him?
At 8 years old I have to disagree that he has an understanding of the situation CAFCASS and the courts do not promote discussing these cases with the children involved, my ex has discussed the case with my children which has influenced them and CAFCASS were not happy with her.
Perhaps it's been moved from judge to magistrate as it's not a complex case, so a magistrate/legal advisor can deal with it?
I say that because my case has gone the other way, from magistrate to district judge as the ex has made it into a circus act!
I think most family cases follow the same process, it's just the person overseeing it may be better suited due to experience and training. Magistrates work with legal advisors, whereas judges make their own decisions.
It seems it's following good course, when are you returning to court?

Hi there

I find it strange that your case should be moved to Magistrates. The consensus is that County is better because generally the judges sitting there are much more experienced in family law, having previously been barristers and such like with a proper grounding in Law. Whereas Magistrates are lay judges and come from professions in all walks of life outside the judicial system.

As you are asking the question from your partners perspective, Magistrates may not get the importance of having both parents involved, having already allowed there to be no contact between the child and his father, depending on what the Cafcass report recommends, they may find in your wife's favour.

As contact has only recently stopped I feel a District judge may have pushed for contact to resume.

I don't think that litigants can have any input as far as which court their case is heard in unfortunately, but if your case gets more complex then the Magistrates can have it moved back again.

The process is the same, the judges have the same powers as far as making decisions and granting orders.

I have only discussed with him as cafcass are now going to sit down with him.
Also because his wishes and feelings are weighted on his understanding so it was important for him to know what is happening so he felt supported.

I have kept the details to a minimum and only told him what's appropriate, such as someone from the court will come to speak to him etc

Trust me if a child cries with happiness because he doesn't have to see dad and draws pictures showing his dad being run over I think it's fair to say he knows what he wants

I have spoken with the school and asked for an inclusion mentor to work with him to work through any feelings good or bad that he might have in relation to this.

I agree and so does my wife that a county court would have been better suited as they are more experienced in family matters

Currently the courts have ordered what we requested anyway but wasn't sure on the laws around this