Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Good Afternoon,
Need some guidance guys – I’ll abbreviate the story:
*I have a 6 year old child, had overnight contact every other weekend since child was 3, never missed a weekend
*Mother has a restraining order against me due to an argument 4 years ago regarding contact with our child
*This year mother decided to be spiteful and just as she dropped off our child, decided against it and tackled me as I was holding our child
*I am now due to appear in court for restraining mother
*Mother is claiming child is psychology damaged from the incident but has no medical evidence
*Mother stopped overnight alternate weekend contact but has allowed face time
* C100 submitted – I asked for alternate overnight weekend contact to be re-instated, had my first hearing in July, order still not received by court, however Cafcass has been in touch RE a S7 report
My question are:
1) When do you think I will next appear in court
2) What type of hearing can I next expect
3) How likely is it that the courts will allow overnight alternate weekends to be reinstated
4) Any tips on Cafcass and this S7 report – how long does Cafcass take to write this report
5) Any general advice
THANK YOU GUYS
Hi. I can only give advice from my own experience and some others. In terms of court times I think it can vary depending on the area, mine was longer from someone I know in Liverpool. I'm not sure about the restraining court issue.
1)The first hearing is between 6-9 weeks.
2) first hearing is to state what you want from the courts and what's your position etc
3) your weekends could be reinstated if agreed but it could be so that another hearing could be listed for a second hearing. It all depends on how amicable things with the ex are but impossible to predict the outcome.
4) section 7 although I never had one I've been told can take between 8-12 weeks. I don't know about details I'm sure someone can help or you could look at related topics on hear as it's quite common on hear.
Hope this helps until someone with more experience replys.
Good luck.
Thanks for your reply, really appreciate the information... I'll have a look at section 7 topics on here now.
Best Wishes.
an S7 can take up to 16 weeks I'm afraid, depending on what the court has asked to be covered in the report. You could call them and ask if the have a date to file the report by.
You could try calling the court and asking them if you have a date for the next hearing,but you could be looking at anything between 3-6 months.
I would have thought that the contact case wouldn't go ahead until the restraint case had been concluded, so there's a possibility it could get adjourned if that's the case.
Because of the previous/current restraining order, it won't be as straight forward, you may have to jump through a few more hoops before contact is restarted, their only priority is the children's safety and they will take a slow and very cautious approach.
As far as the report is concerned, just be open and honest, don't bad mouth the mother and be totally child focused. Stay calm and reasonable and think about your responses from your children's perspective.
Hiya - Thanks for that tip, I called the courts and the next hearing is now scheduled for December... You were absolutely right about the time frame, Thank you.
Perhaps you could suggest that a contact centre is used to facilitate contact, whilst the court case progresses. Make the point that your child will be missing you, which is completely true and by using a contact centre, any perceived safegauarding fears are allayed.
If she has a solicitor, you could write to them and suggest using a contact centre, you can self refer, but I believe there may be a. Referral charge. Here's a link to their website, where you'll find info about Centres nationally.
www.naccc.org.uk
If she doesn't have a solicitor, you could write to her with the information and ask her to consider it for the child's sake.
It's possible the court would restart contact in a Centre anyway, by getting this stage underway before the next hearing, it should help to speed things up contact wise, with 2-3 months of contact sessions under your belt, the court might agree to move it out of the centre and at your home...as long as they are satisfied there are no safeguarding concerns.
All the best
Hello,
Thank you for your reply – in the schedule 2 letter Cafcass stated that they do not support contact between myself and our child until the criminal proceedings are dealt with. I haven’t received the court order but I assume the judge would relay the same information so unless I am wrong I don’t think I can propose any type of contact?
Many Thanks.
Ah ok, realistically that puts the block on my suggestion then... sorry. Although what CAFCASS has said is a recommendation, the courts would go with it, particularly at this point in the proceedings. It's a waiting game I'm afraid.
After the first hearing in July, was there any mention in the order about no contact? If there wasn't you could still chance it.
No need to apologize It’s actually a great idea, shame I can’t action. I’m still not in receipt of the court order from the first hearing (apparently a major backlog), so as you said a waiting game.
Thank you Mojo.
Hey. Sorry I. Misread your post and didn't realise that you had first hearing in July that's why I suggested next would be 6-9 weeks. My second hearing I had to wait 3 months then 6 months for the final hearing. It's a long waiting game afraid but I've made progress on my journey and I'm sure you can.
Good luck
Hey guys - So I have an update, called the courts and the next hearing is a "Direction For Solution" ... does anyone have any experience, or tell me how to prepare or what to expect please?
Thanks ALL
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.