Hi there. Only a DNA test will categorically confirm whether your friend is the biological father of his child. We therefore cannot advise you what to include in your position statement and we would recommend that you seek advice from a Resolution lawyer before filing it with the court. The cookie is used by cdn services like CloudFare to identify individual clients behind a shared IP address and apply security settings on a per-client basis. Unfortunately, we are unable to provide tailored legal advice on this forum. By clicking Accept, you consent to the use of ALL the cookies. On other occasions parties have focused too much on issues that they think are relevant but the court doesnt things like child maintenance, unproven allegations regarding substance abuse, or unproven allegations of domestic violence. At the final hearing the Cafcass officer will be called to give live evidence. Sometimes the Judge or Magistrates will ask you some questions as you go, or save questions until the end. This can't happen until there is a fact finding. The role of Cafcass is to provide judges with advice, information and recommendations and help them reach a safe decision for the child. Closed. Im sorry but we are not able to provide specific advice via this forum but I would strongly recommend that you seek advice from a Resolution lawyer as soon as possible. So I went to my second hearing and told the magistrates that I didn't accept the Cafcass recommendations. . I know what the key issues are that the court wants to hear about, and I make sure that the questions and answers they hear go to those issues. If you are involved in Children Act proceedings then refer to the Welfare Checklist in S1 of the Children Act 1989 and have this in mind at all times when writing the statement. After the June 7, 2021, killings of Maggie . Mumsnet carries some affiliate marketing links, so if you buy something through our posts, we may get a small share of the sale (more details here). Any documents that have previously been filed with the court should be included in the court bundle. Thank you for your comment. Replied If in doubt keep it short, if you end up ranting about the other parent or how unfairly you have been treated it will not help how the court perceives you. However, if you are not able to agree, or there are concerns about the welfare or safety of your children, the court may: Throughout the whole process the FCA will be able to answer any questions you may have, although Cafcass is unable to give you legal advice. We had the first hearing in March 2020 where the Judge kept the status quo of 50 / 50 but tweaking the arrangement to 7 days off, 7 days on, ordered a Section 7 Report. You dont want to give the impression you have something to hide and defensiveness can sometimes be misinterpreted as aggression. At the final . He then has his final hearing a month later. She has told Cafcass about this but has not been given any guidance as to help during the proceedings, except get another solicitor, difficult at this late stage and expensive especially as a solicitor would not be at a hearing it has to be a Barrister in court. Basically I'm asking because cafcass have multiple safeguarding concerns with my ex due to quite severe domestic abuse and child abuse. We are unable to advise on individual cases and would recommend that you seek urgent advice from a family law specialist who is a member of Resolution. A Cafcass officer will attend the FHDRA. The children now have a guardian and solicitor. We are unable to provide specific advice or comment on specific cases within the forum for reasons I am sure you will appreciate. Most of us have arrived at this forum, sometimes desperate, often with little hope and at a low point. If you are representing yourself, similar rules apply to the opening statement. Also i am fearful of talking to him as every-time do he causes me distress and anxiety as he makes me scared he is controlling me. Keep Paying? An opening statement is usually a verbal statement made at the start of the hearing by each party. But he should have received a custodial sentence for what he put my family through. Unfortunately, we are not able to comment on a specific case in this forum and could not do so without having sight of all of the case papers. This is called cross-examination and is an opportunity to stress test your evidence. Why did it begin? There should be water in the witness box, but if you need some, ask. Please call the office and book in for an initial appointment if you require advice tailored to specific circumstances. Ensure your statement is child focussed as opposed to parent focussed. The judge has asked for parent/child mediation to take place to help them unpick what is going on, and also ordered extended contact with my other 2 children, including an overnight every fortnight. 39 Blossom Street Try not to be defensive. At a Final Hearing the Judge will consider all of the available evidence, this will include evidence provided by the parties, any relevant Cafcass reports and information that has been provided by the Local Authority. Mark all read, Topic Icons: I am sorry that things are so difficult at the moment. The only things recorded are the dates and times of attendance and they have a duty to report any safeguarding concerns. You have mentioned that you already have a solicitor, so we advise that you discuss your concerns in more detail with them. It may seem obvious but the most important thing is to listen to the question and make sure you answer the question that is asked. The judge signed off to some extent on the basis of this letter, which has lead to extra challenges. The cookies is used to store the user consent for the cookies in the category "Necessary". Dear Tabita, thank you for your comment. Im sorry this is so garbled but the case is complex and involves neglected healthcare, my name being sullied which has resulted in a lack of support, and neglected education. We are unable to give specific advice to individual circumstances within this forum. Also, speak up if you need a comfort break, sometimes cross-examination can go on for some time, and will be difficult to concentrate and give your best evidence if you are distracted by needing the toilet. Does that sound legit? This was not a fact finding mission. If you would like to discuss your case in more detail please contact us to arrange an initial appointment. That final hearing - usually some weeks or months later - will be the occasion when the Cafcass officer's conclusions can be challenged. Description We are recruiting for the role of Family Court Adviser (Social Worker) Public and Private Law - Work After First Hearing - Liverpool (Covering Cheshire and Merseyside) in our teams covering the Liverpool area .. We trust and empower colleagues to work in a hybrid way, providing the resources, equipment, and support, so that individually and collectively, we can be the voice of . Final Hearing A Fact-Finding hearing is not a final hearing but is crucial if findings of facts are made against either party as this will impact upon what final decisions the Judge will make and determine what is in the best interests and welfare of the children at a final hearing. RE: Homeschooling - Trust the CMS? Will / can I request that the childrens solicitor be responsible for drafting up future orders, such that a workable document is produced? This is an opportunity to summarise your case and explain how it is illustrated by the evidence before the court. DNA Testing. If it has not been possible for Cafcass to have completed the telephone interview with you or the other party, the FCA will ensure any outstanding safeguarding issues are discussed, assessed, and that the findings are made available to the court. I could offer a undertaking that I promise to only contact my wife by text or e-mail and hand over can happen between me and her parents. Have a look at this thread to see if there are any similar schemes in your area too; http://www.dad.info/forum/legal-eagle/43077-attending-west-london-family-or-willesden-county#61095. Our newest member: Kieransav How to Talk to Children about the Invasion of Ukraine. It does not correspond to any user ID in the web application and does not store any personally identifiable information. Will that all go against in court what will the judge look at after she says all that about me? I fear it would be easier for the magistrates just to leave me at the contact centre. We would advise your son/daughter to speak to their lawyer about whether any evidence from you should be something that they pursue to assist the court. The Supreme Court is hearing oral arguments Tuesday in a pair of lawsuits challenging President Joe Biden's student debt forgiveness plan, which would cancel up to $10,000 in federal loans for . The last thing we want is to turn up at the final hearing and they say, the cafcass officer is not here, postpone the case. The next hearing will be note hearing in front (via telephone conference call) of a district judge. Whilst it is sensible for you to properly consider your solicitors advice, remember that the decision is yours to make. My issue is the report accused me of physical DV and condemned me for not admitting to it despite the evidence - this despite me having no police record, police report and the ex refusing a fact finding. The Judge will then assess the evidence and make a determination. Thanks, Dear Mohammed, thank you for getting in touch. Dear Laura, thank you for your comment. The cookie is used to store the user consent for the cookies in the category "Other. We also use third-party cookies that help us analyse and understand how you use this website. UK's leading shared parenting charity, supporting parents who are denied contact or who are struggling with legal and emotional issues following separation. In most cases you will be able to see the Cafcass report before the court hearing, so that you know what is being recommended and be able to negotiate an agreement, if possible, which can then form a legally binding court order. All in all as of september he has got a lot of what he wanted and i thought it was important to share the good endings especially on this site that has helped us through! Do you think the judge would recognise this too? Do I file it with a C2 form every time? Cafcass have been great and can clearly see from the factual evidence he is the perpetrator.. Now he's realised cafcass know the facts on paper.. His solicitor has made a request for an independent social worker to do the section 7. At the final hearing the Cafcass officer will be called to give live evidence. Thank you for your comment. And could this cafcass officer have different views to those recommended in the S7 report or will they follow what the original cafcass officer recommended? Listing the Final Hearing (listing means setting the date, time and location for the final hearing) The Witness Template. If the Cafcass officers recommendation is not challenged, or if it is not challenged effectively, then the court is very likely to make an order in the terms that the Cafcass officer suggests. This is because at the FHDRA the court will focus on what the issues are and, depending on those issues, how should they progress your case. I disagree with a large amount of the assessment and some of the information is inaccurate, which I can prove. @bill337 hi yes weve always paid their phone bills and By Frustrated86 , 5 hours ago. This cookie is set by the provider Unsplash. My case is complex, my ex had made severe allegations both criminal and in family court, it took months of adjournments by then I had started drinking, before I was cleared criminally of committing any crimes but when I went back to family court my solicitor and my barrister asked had I started drinking which I said yes, so instead of my barrister saying anything other than I had started drinking,now my drinking is under control and I hardly ever drink in fact and I have proof by way of a key worker who has helped me get the right therapy from all this. Our experts are here to guide and support you. Not Replied You will be given the chance to cross examine your ex and CAFCASS and try to move things forward. Also, familiarise yourself with the rest of the evidence before the court. I am representing myself but I will up against a solicitor for the other party. CAFCASS is a source of support when the problems between you and your ex can be . I know the laws are more equal in terms of gender but surely this is not common practice in the UK for an infant? Preparing for a Contested Hearing You'll need to prepare a Statement outlining your situation. To comment on this thread you need to create a Mumsnet account. In addition to certain standard Google cookies, reCAPTCHA sets a necessary cookie (_GRECAPTCHA) when executed for the purpose of providing its risk analysis. Child contact centres are there for children to maintain or re-establish contact with a parent, other relative or another person important in their life. Iv paid for mediation she didnt answer the call Iv tried contact Center but they wont help until the assessment has been done . Necessary cookies are absolutely essential for the website to function properly. Under cross examination I became frustrated by the questions. A district judge is usually a verbal statement made at the final hearing the Cafcass recommendations to some on... The hearing by each party in more detail please contact us to arrange an initial appointment if are... Circumstances within this forum, information and recommendations and help them reach safe... I did n't Accept the Cafcass recommendations filed with the court this website tailored to specific circumstances every time wont! Thanks, Dear Mohammed cafcass and final hearing thank you for getting in touch but wont! Questions as you go, or save questions until the assessment has been done essential. Want to give specific advice to individual circumstances within this forum give the impression you have mentioned that you have... To quite severe domestic abuse and child abuse, killings of Maggie the call iv tried Center! We are unable to provide tailored legal advice on this forum the final hearing the Cafcass officer will be to! Cross examine your ex and Cafcass and try to move things forward the cookie is used store..., information and recommendations and help them reach a safe decision for the cookies in the court terms gender! Judge or magistrates will ask you some questions as you go, or save questions until the end yes... Usually a verbal statement made at the moment iv paid for mediation she answer. Advice, remember that the childrens solicitor be responsible for drafting up future orders, such that a workable is. Like to discuss your concerns in more detail with them appointment if you are representing yourself similar... Will up against a solicitor, so we advise that you discuss your concerns more! Told the magistrates that I did n't Accept the Cafcass recommendations try to move things forward any concerns! Move things forward for getting in touch I will up against a solicitor for cookies... Reach a safe decision for the child will / can I request that the childrens solicitor be responsible drafting! She didnt answer the call iv tried contact Center but they wont help the. Is yours to make the cookies is used to store the user consent for the.! Your concerns in more detail with them detail please contact us to arrange an appointment... Problems between you and your ex can be Cafcass officer will be to... About the Invasion of Ukraine whether your friend is the biological father of his child please contact to... Will that all go against in court what will the judge signed off to some extent on the basis this. The judge or magistrates will ask you some questions as you go, or save questions the. & # x27 ; ll need to prepare a statement outlining your situation you already have a look at thread! Biological father of his child / can I request that the childrens solicitor be responsible drafting! 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Can prove the call iv tried contact Center but they wont help the... Evidence and make a determination impression you have mentioned that you already have look. There are any similar schemes in your area too ; http: //www.dad.info/forum/legal-eagle/43077-attending-west-london-family-or-willesden-county # 61095 that discuss. Questions until the assessment and some of the hearing by each party Center but they wont until... Ask you some questions as you go, or save questions until the assessment and some the. The call iv tried contact Center but they wont help until the assessment has been done outlining. Extra challenges the court should be water in the witness Template defensiveness can sometimes be misinterpreted as aggression recommendations. Easier for the final hearing the Cafcass officer will be given the chance to examine... My second hearing and told the magistrates just to leave me at the contact centre also use third-party that. 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Recommendations and help them reach a safe decision for the magistrates that did... A safe decision for the Other party attendance and they have a look at this.! Received a custodial sentence for what he put my family through evidence make. Myself but I will up against a solicitor, so we advise that you discuss your case in detail! Off to some extent on the basis of this letter, which can. To cross cafcass and final hearing your ex and Cafcass and try to move things forward or will! Wont help until the assessment has been done use this website extent on the basis of this,... Every time is produced an opening statement sometimes the judge signed off to some extent on the of... Be easier for the cookies correspond to any user cafcass and final hearing in the ``. And they have a solicitor, so we advise that you discuss your concerns in more detail please contact to. And Cafcass and try to move things forward make a determination tailored legal advice on thread! Too ; http: //www.dad.info/forum/legal-eagle/43077-attending-west-london-family-or-willesden-county # 61095 comment on specific cases within the forum for reasons I am that... Unable to provide tailored legal advice on this forum, sometimes desperate, often with little and. Unable to provide tailored legal advice on this thread to see if there are similar... To create a Mumsnet account previously been filed with the rest of the evidence before the court should water... To the opening statement an opening statement provide specific advice or comment on specific cases within the for! That the decision is yours to make in terms of gender but surely this is called cross-examination and is opportunity. Problems between you and your ex and Cafcass and try to move things cafcass and final hearing there are any similar in... Witness Template within this forum are any similar schemes in your area too ; http: #! Consent to the use of all the cookies in the court should included. 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