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Shedule 2 report - ...
 
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[Solved] Shedule 2 report - Next Phase


Posts: 42
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(@Harry1234)
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Joined: 13 years ago

Dear Friends,

I'll try and keep things to the point...

Received the CAFCASS 'shedule 2' report which is the summary of the telephone call with CAFCASS to both the ex and I. It outlines any concerns and recommendations to the court.

The short and curlies of the report was, recommendation for both parents to have regular and continuity access with our child. All safeguarding checks done and passed with no problems. And (really interesting) CAFCASS finalised by saying, "CAFCASS no longer need to be involved in this case".

With this in mind...I have my first directions hearing in 3 weeks, in the interim solicitors have agreed we 'both' attend a parent information programme and continue with the contact centre access (which started last week) until the directions hearing.

So...My question is...What happens next? I mean, if CAFCASS are no longer involved could there be a resolve? And a contact order with co-parenting plan issued at the directions hearing by the judge?

Any feedback very much appreicated.

Harry

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 ak57
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(@ak57)
Joined: 13 years ago

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Posts: 623

Hi I can only say what happened at my sons one. The cafcass said as communication had broken down between parents(his exs doing) that mediation was the way forward. They gave a new date for a review hearing and said mediation was to be dealt with before the end of Jan, but it wasnt so my son asked for it to be post poned till April to give mediation a chance
cafcass also said they were no longer needed on the report ..
Have you made a co-parenting plan you both agree on ?

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(@Harry1234)
Joined: 13 years ago

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Posts: 42

Hi ak57,

Thanks for your response.

No plan yet in place, but I have an idea of how I would 'like' things to go. The ex has requested the minimum contact between us and CAFCASS recommend a 'book share', which is funny because thats what we were going to do through mediation 4 months ago! Until the ex decide (less than 24hrs after we had only one mediation session) she didn't want me to see our daughter and requested going through the legal route.

It's clear to me after all this time, I simply don't trust my ex, I'm willing to co-parent but she is beyong hostile and I think going back to mediation will result in her uncomprimising or changing her position later on.

Therefore, I would now actually prefer if something was ordered by the judge. More importantly to allow stability and a routine for my little girls benefit. Surely it can't go back to mediation for her to remain in the same mind-set and it return back to court, thus going through the whole process again?!?!?

Thoughts and comments welcomed.

Harry

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 ak57
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(@ak57)
Joined: 13 years ago

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Posts: 623

Hi Harry
cafcass also recommended a communication book which I duly bought, even phoned them to make sure my son was on the right track of what things should be written in there, first visit he filled it in second visit she put a very brief note in, my son filled it in again, next visit book disappears, Text to ask her to put in bag fell on deaf ears . we belieive she is doing this on purpose as its her way of saying how can we have the child over night if the parents dont talk, its her doing all of it and we can proof it.
when you went to mediation and it failed in producing an agreement did you get the mediation to fill the fm1 form , you can take this to court to prove you have been to mediation already and explain your ex wanted to go down the court route not you . If mediation was succesful this could have been including in the court hearing and made into a court order, this has to be agreed by both parties, now I cant see if its not agreed then whats the point, but the courts are really pushing this and are trying to change the law on this subject for family cases as from April legal ceases and the courts are going to be swapped with self rep people.. Are you seeing your daughter ?

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(@Harry1234)
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Hi ak57,

Yes, an FM1 form was completed and I've only in the last week started to see my daughter through a contact centre. Maybe I should have mentioned since mediation breakdown, I was forced to make an application for a contact order mainly because of the refusal tactics by the ex to deny me access to my daughter. In the last 3 months she refused to let me see her at Christmas and on her first birthday, ignoring countless attempts by both mine and even her solicitors. I've done everything by the book and just feel a contact order is unfortunately now the only way I can forsee stability for my daughter and to a lesser extent, me.

So, I guess I was just hoping something could be resolved at the first directions hearing.

Thanks
Harry

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(@Nannyjane)
Joined: 13 years ago

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Posts: 5426

hi Harry 🙂

Theoretically agreement can be reached at the Directions hearings, but only when both parties can agree a way forward and to be frank, I cant see your ex doing that kind of u turn!

As CAFCASS has given you a clean bill of health and are happy for continuity of contact with no concerns, then I would push for interim contact to be unsupervised at this hearing....there are no safety concerns, so no good reason for using a contact centre.

Keep in mind your objectives and stick to your guns ...and good luck! 🙂

P.S....My son also has his first Directions hearing on March 13th, around the same time as yours! Although he has Residency of his 5 yr old son, he has had to stop contact with the mother. He also had an FM1 as she didnt attend mediation.

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 ak57
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(@ak57)
Joined: 13 years ago

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Hi what NJ said is a great idea. ask for contact now outside of the contact centre, the direction hearing is just that a direction, to see what steps are required to go forward, We didnt know that and on our first hearing thought at least the control would be lifted but nothing happened apart from ordering mediation.we were both gutted so I would advise anyone not to get your hopes up at the first one as its soul destroying(drank far to much wine that night )
In your case I dont know what they will do , maybe full reports by cafcass this where all concerned gets interviewed. we didnt see our little one over Christmas in fact it was a month, but we had Christmas very early as we knew she wouldnt let us have her so lots opf presents and a fun day. My son wasnt even aallowed to say hello on christmas day, how mean is that. Let us know how you get on, all cases are different .

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(@Harry1234)
Joined: 13 years ago

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Hi Nanny Jane, good to hear from you again 🙂

Your advice has been excellent through this difficult time. I hope your son finds a way to bring stability for his son.

I'll prepare a proposed future timetable and see what my solicitor says.

Thanks ak57 for your input, although I'm a little concerned as to 'full' investigations by CAFCASS...? Don't get me wrong I haven't anything to hide, but I guess that will only prolong things?!?! My gut feeling is...if it does get ordered back to mediation there's just no way the ex will compromise even to a reasonable degree. But there again, I have the FM1 form, so how can it go back? Something ordered by a judge would prevent the ex from changing her position with our daughter at a later stage.

Bottom line...I just don't trust her.

Thanks for your help

Harry

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

...I dont know for sure but as CAFCASS say they need not be involved any further then I cant imagine the court ordering further reports.
It might be that mediation will be ordered, but if she refuses, or agreement cant be reached, the onus will be on the court to decide. They will probably take into account her obstructive behaviour at that point. This can only be favourable for you, so chin up and best foot forward, its likely that by the time the summer is here you will be spending some quality time with your little one! 🙂

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