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On the practical side, does his ex drive her child round, I would say that if she claims she isn't confident in driving, then perhaps she should be taking her child in the car at all. It's a tenuous argument, more to try to argue that she must be reasonably confident.
On your own side, I would also suggest that your partner gets his manual licence - I'm not sure of the process exactly, but if he's been driving for a while, then I can't see that converting to a manual should be too difficult.
Thanks actd especially for the refocus
We are looking to get his manual license, it's just a practical test to upgrade an auto license no need to redo the theory test.
His ex drives to the handover location which she claims is 30 minutes from her (new) home.
We now only live 40 minutes from each other (with traffic) and the handover location is completely out of the way for both of them. Even if they were to change the handover location in the middle of their homes would help - also for the child, she currently spends an hour 15 when she could easily be in the car for 30-40 minutes.
Update on S7 - my partner emailed the case worker a polite email to find out what's going on and received an out of office email that says they are on annual leave until 8th July inclusive....
Definitely I would be contacting cafcass to get some firm commitment from them, I would also keep the court in the loop, but definitely straight after the deadline has passed. If you want an adjournment after this point, you would put the request in writing to the court, with your reasons.... the question is do you want your case to be delayed?
I would make the suggestions about travel arrangements, it's a grey area and some courts will make directions for it to be shared. Prepare a schedule of how you would like contact to work and mention that you have a copy with you, either in your position statement, or verbally to the judge, but don't attach it to the PS.
Thanks for the reply again - i will sort some paperwork for the hearing so he can have it to hand for suggestions if they get to that stage in the hearing!
He has emailed Cafcass (an email provided in their out of office message) and basically gave a background
- received a letter of change of case worker due to illness - contacted the new case worker to introduce whom said they will be in contact for an appointment.
- Received a letter from Cafcass stating they have extended the deadline to 10th July.
- Emailed yesterday the case worker to find out they are on leave till 8th July inclusive.
Asked for someone to contact and update and just raised that (my partner) would be disappointed to attend court and have the hearing adjourned as cafcass have not completed their report which would delay proceedings and not be in the childs interest. Metioned one of the concerns is to agreee contact for the upcoming summer holidays as mother is not extending time accordingly to the order and that he would not want the child to miss further contact.
Said (he) would greatly appreciated if they could contact back as a matter of urgency as both deadline and court are near approaching.
Hopefully he will receive some sort of contact from Cafcass.
If nothing is done through cafcass by the deadline then im sure my partner will email the courts. Cafcass have had since end of March to complete this report. Although, I'm not entirely sure what the court can do? The court date was perfect as it was just before summer holidays so delaying it really won't help!
Hi there
We're now at the weekend, how the case worker can prepare an in depth report, interview two ppl and write it up in two days is pie in the sky in my opinion. I wouldn't feel confident that the body of the report was carried out properly and that the analysis was well thought out.
Personally I would want the hearing to go ahead and ask for the summer holidays to be considered by the court within the framework of extending the order. Asthat had already formed part of the original order, I would be asking for that to be actioned.
The court that made the existing order, felt that progressing the order was in the child's best interests so I would try and argue that the situation hasn't changed, that the mother is being obstructive and what is needed is definition so that the increases can be progressed as was envisaged.
All the best
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