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[Solved] Section 7 report

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 Mojo
(@Mojo)
Illustrious Member Registered

Here's some links to info about how to structure statements and also a template that you can use.

www.thecustodyminefield.com/flapp/positionstatements.html

Template ~

http://media.wix.com/ugd/69743a_6f5457e9a07b43ae9dcb67ef4be27cf2.docx?dn=Position%20Statement%20Template%20with%20questions.docx

www.thecustodyminefield.com/flapp/statement.html

www.mfjc.co.uk/home/mfjccou1/public_ftp/...ldren-March-2013.pdf

ReplyQuote
Posted : 02/11/2018 4:50 pm
 Yoda
(@yoda)
Famed Member

Following a S7 report, one of two things happen 1) a directions hearing to see if there is any agreement on the report recommendations, or 2) a final hearing.

The most common route is the first and the Cafcass officer doesn't usually attend the directions hearing.

At that hearing you can take a position statement with you stating which recommendations you agree / disagree with and why. As justdad says, try not to include much detail for your reasons, and as Mojo says, keep it to one or two pages.

When the final hearing comes you will have a chance to question the Cafcass officer and your ex.

Best of luck

ReplyQuote
Posted : 05/11/2018 11:48 am
(@thelongroad)
Estimable Member Registered

Thanks Yoda.

I have an update following section 7 report and need advise.

I called Cafcass earlier about discrepancies and they said the report had already been filed. I explained that important police disclosure information had been sent to them before this but they said the officer did not receive the emails until 3 weeks later!?? What can I do but question Cafcass officer at court...

Big day for me as just received an email from ex's solicitors and need advise. The backdrop to all of this is I have not seen my son since May, nearly 6 months due to NMO which is due for hearing on 29th November, all utterly false and untrue. Allegation of assault against ex was NFA and is ridiculed in police disclosure. There is also an allegation I hit my son which Cafcass have now said did not happen in section 7 report.

Anyway this is extract from letter today-It says at top of letter WITHOUT PREJUDICE
we wish to make it clear that you know the reason our client suspended contact with child was because of his disclosure initially to his maternal grandmother and then to mum that I hit him. We have seen cafcass report and discussed with client. We note that child does not make disclosures of a similar kind to cafcass, although concerns have been raised about you swearing at him which we hope will now not continue. On the basis of cafcass officers report that contact is reinstated to take place from Friday to Monday on alternate weekends, our client is willing to agree for those to take place before law proceedings on 29/11 and DRA on 19/12.

Our client is agreeable for you to pick up child on Friday 09/11(this Friday) and return to school on Monday 12/12 and each fortnight there after with any additional arrangements being agree at the next hearing. This is without prejudice to our clients application for NMO, which as noted above is for 29/11. We have discussed with our client that although she stands by her evidence, she is prepared to agree for the NMO to be discharged and you to provide undertakings to the court in terms of existing NMO. You will be advised that undertakings are given without acceptance on the part of the person giving the undertaking that the allegations are true but they still provide some protection. If you agree to provide undertakings on 29/11 we believe that one day will not be needed and we with a revised time of 30 minutes...

Well, well, well-how about that... Firstly I will not be accepting an undertaking for these ridiculous allegations that will be found false but thanks anyway.
My question is with this offer do I still get to see my son on Friday regardless of any undertaking? and should I respond to solicitor to accept this offer via email as no one will know if I don't.
however whatever happens I am not accepting undertaking as this will provide an ongoing platform for legal aid and stupidness generally.

Can I get some advise please?

Our client is agreeable

ReplyQuote
Topic starter Posted : 05/11/2018 6:51 pm
(@thelongroad)
Estimable Member Registered

Hi All,

just as an add on to this as part of my NMO order it stated that I should not go within 100 metres of my sons school without them inviting me. Do I need to ask them to put in writing that they invite me every second week to pick up my son. I am just thinking could this be used as a technical breach even though solicitor says ex agrees to me attending school to pick up son. I am always cynical and do not want to make a mistake.

ReplyQuote
Topic starter Posted : 05/11/2018 8:44 pm
 Yoda
(@yoda)
Famed Member

The letter from the solicitor should be an adequate piece of evidence to allow you to attend your child's school to facilitate contact. Best to carry the letter with you in case it's ever required.

I would hazard a guess that the solicitor might have advised the mother that she may not win a contested hearing, or advised as to the cost of a contested hearing and they'll hope you will accept undertakings to avoid a contested hearing.

Don't get in to a lengthy reply with the solicitor. Just state that you appreciate their client's offer of contact as laid out in the letter and you agree to these arrangements as an interim agreement. With respect to everything else, don't comment. Just state that with regard to the remaining contents of the letter, you will seek legal advice and give it consideration as you are not in agreement with admitting to something you have not done.

That would be my advice. Others may have a different view.

ReplyQuote
Posted : 05/11/2018 9:09 pm
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