[Solved] Access to children

After posting yesterday, I've put some feelers out about Mr Miles, one particular colleague who has extensive knowledge of MFs in the south and runs the FNF meetings in the Chelsea area, hasn't heard of him and will ask around, so I should hear back fairly soon.

Yoda, one of our Moderators, is also a practicing MF and also runs FNF meetings, so may be able to offer some information about him.

I have been advised to seek a “contact activity directions” and for CAFCASS to write a report.

Are there any McKenzie friends on Dads info whom can assist in court at cost?

This seems to be a strong case of PAS but social services are getting very "we will leave it to you to sort out".

Who has advised you on this matter? Once an application to the family court has been made, the court automatically ask CAFCASS to prepare a basic safeguarding report, called a schedule 2 letter (S2). This is generally prepared ready for the first hearing and interviews Of both parents are usually conducted over the telephone. If allegations are made, or safeguarding concerns highlighted in the initial S2 the court may order a more in depth welfare report, this is called a Section 7 report and can include seeking the wishes and feelings of the child involved.

As far as a contact activity direction is concerned, the basic requirement is simply that it should require the person who is the subject of the direction or condition ‘to take part in an activity that promotes contact with the child concerned. The sort of activities that could be required under such a direction or condition can include programmes, classes and counselling or guidance sessions that may assist with establishing, maintaining or improving contact with a child. The most common would be the Separated Parents Information Programme (SPIP).

However as there is a NMO in place, the onus might not be on your ex to promote contact, until the court have investigated any potential safeguarding issues.

concerning the query you posted about a particular MF, my colleague had several responses but no one has heard of him, or had any dealings with him. My colleague did however recommend a couple of MFs. If you require further info about this you can PM me.

Yoda is also a practicing MF, I would suggest you send a PM and ask for suggestions too.

All the best

Hi

I've made enquiries and not found anything out about this organisation either & the charges do seem very high for an MF.

To be honest, for your first hearing, you're probably better going it alone and get one of us on here to look over your position statement or give you some help with it.

As the children are old enough to be spoken with & CS have already recommended contact - nothing much will happen at this hearing. The court will either get the mother to agree for some contact to commence as an interim arrangement, or she will refuse. Either way, you're probably looking at a Section 7 Report or similar being ordered and a 12 week wait between the first and second hearing.

If you PM me your location, I can try and recommend someone for subsequent hearings.

Thanks for the advice my location is Surrey

I have taken advice from a number of soucres CAB, social services, Gingerbread and work colleagues whom have had similar issues.

I am confused with some advice as social services have told me to return to court asap to obtain access regardless of the NMO where as others have informed me to wait until it expires.

I have not seen my children now for 67 days. I am finding it hard to work when all that I am thinking about are my children.

Could you explain the structure and contents of these reports?

What is the correct course of action?

Hi Stanton

I've deleted part of your location, Surrey is sufficient and it's better to stay as anonymous as possible, especially as you may be making a court application.

If you have the backing of Social Services, it probably makes sense to make the application, because of the NMO, the process will take a little longer, but better to start the process in my opinion. If you wait until it expires, it's still going to be bought up at the hearings I'm sure. You had a long marriage, with no previous issues, the NMO was made on pretty flimsy grounds and you can say you decided not to contest, out of respect for your children's well being.

The S2 is a fairly basic report, CAFCASS will liaise with local authorities and the police to ascertain if there has been any history of involvement with these agencies. The interview is usually done over the phone, you will be asked about any Social Services involvement, criminal convictions etc and it's best to be completely open with them. Once they have the information, the report will be prepared, it's likely they will make some recommendations to the court about how to proceed. It's usual to be sent the report before the first hearing, but it has been known for it to be handed to the parties on the day of the hearing!

The S7 report, is a full welfare report that will look in detail at the background, the safeguarding issues and sometimes, the wishes and feelings of the children. They may be interviewed, sometimes there may be an observational visit, with parent and children together to see how they interact. Both parents are interviewed in person and this can be in their own home, or at the CAFCASS offices. This is a much more in depth report, which allows the court to be able to make an informed decision about what is best for the children.

Obviously, it's difficult to make an assessment with just basic information, but what have you got to lose by going ahead? My personal opinion is to go ahead with the application... but it's just my opinion, the decision must be yours.

Mojo has explained everything really well to you.

My personal opinion is also that you should proceed with the application. Countless fathers have court ordered contact with an NMO in place and given that CS have recommended contact, I don't see why your situation should be any different.

In my opinion, the longer you leave it, the harder it will be on the children & the court are likely to take a similar view.

As Mojo said, it's your decision.

Feel free to send me a PM if you want me to recommend someone in your area.

Thanks guys
As a senior quantity surveyor I am well versed in construction contract management and am used to dealing with adjudication and arbitration.
But I am still finding this difficult due to the emotional attachment.
Friends at present are trying to arrange a mediation meeting so that we can avoid court; our friends are all professionals but qualified as independent financial advisers.
I think that I now understand the route to follow and actions required.
I am keeping calm and collected but just wish to see my children.
I really think that mums net gingerbread and dad’s info should start their own form of voluntary adjudication.
Let’s face it you have been through it and know better than most.
Stanton

She has now commenced divorce proceedings which I will have to accept.

Have sent off the C100 for contact rights but told that the process could take 6 months to complete.

Iam told that if she does not agree, an in direct contact a cross examination by a direct access barrister is required they charge a fixed fee of £2,000.00.

Is this required?

All the money is going on legal advice and court fees not feeding and improving our family.

Should not mediation be made conplusory with parenting classses?

Hi there

There are many members here that have dealt with their contact cases without any legal representation, it's doable and there's been plenty that have been successful.

It's true that the courts can be quite slow moving, some more complex cases can take a lot longer than 6 months.

Some members do most of the preliminary work themselves and get a direct access barrister for the final hearing, the charge isn't fixed at 2K, they can charge anything from £800 upwards, roughly.

Mediation is a requirement before an application can be made, but mediation can also take place once the case is ongoing, if you felt that your case might benefit from it, you could suggest it.

Hi guys
I am currently going through court as my ex is moving 400miles away i hope i have a good chance in winning but getting really scared she is going to win. If she does i only get tp see my son every 2 weeks and not for lomg as the 400mile travel.

Has anyone been in a similar situation as i dont think i cam cope seeing him so little time.