Update and question about CAFCASS

speedster

maggied wrote: »

Cheers speedster - I think it might be more to do with OH not listening than the solicitor being rubbish - he's done everything he said he would so far....

I've no idea whether he's sent the letter recorded or not. What would happen if she didn't turn up?

I wouldn't attend anyway - it's not my battle (in that way) and I think my presence would only prove to be inflammatory! It would be nice to see the expression on her face when she's informed that she won't be able to block access because of whatever she'd decided to get her knickers in a twist about that week.

if a c9 wasn't filed then chances are if she's a no show, they'll just book another hearing in 4-6 weeks. mind you, courts are massively busy this time of year, so it'll be sometime in jan.

if the forms were sent recorded (which they should have been if the solicitor has even half a brain) and she doesn't turn up, the judge will write her a stinking letter threatening to summons her.

a warning though. not all contact blockers and awkward g1ts are compliant with orders. a lot are, but having an order doesn't necessarily mean she'll tow the line.

Kimitatsu

maggied wrote: »

Cheers speedster - I think it might be more to do with OH not listening than the solicitor being rubbish - he's done everything he said he would so far....

I've no idea whether he's sent the letter recorded or not. What would happen if she didn't turn up?

I wouldn't attend anyway - it's not my battle (in that way) and I think my presence would only prove to be inflammatory! It would be nice to see the expression on her face when she's informed that she won't be able to block access because of whatever she'd decided to get her knickers in a twist about that week.

I know that when my ex decided to do a bit of cage rattling last time :rolleyes: and I took advice they were also saying that CAFCASS are so busy at the moment they are only producing the short 6 week reports rather than the in depth 12 week ones. I am no expert in CAFCASS and there are people here who have a deeper knowledge but if you have concerns then it might be worth asking them to do a long report not a short one.

They did also say though that courts are very keen currently to maintain ties with families until the child reaches an adult which is in your favour too, that is the steer of the families courts that they are to ensure that both sides have the opportunity for contact.

I completely understand about it not being your battle, sometimes as the NRPP you have to bite your tongue and sit on your hands but you will come out top in the end :T

maggied_2

I'll get OH to call solicitor and clarify about whether DD would be there. As I said he's not asking for anything different to now - we have DD 2.5 nights a week (5 nights a fornight) which has been the case for several years. He's just asking for this to be cemented so that PWC can't just change it when she wants to (actually I know she can speedster but we haven't been left with any other option). He also has put in there that he has her on alternate Christmas days and that he can share holidays.

If she doesn't show will OH be liable for the cost of that?

LizzieS_2

The court fee of £175 is a fixed fee - there could be 1 or several appearances.

Your OH would still be liable for his solicitors fees for that day if she doesn't show. The court will take behaviour into account when deciding whether to award costs (I think you have to ask for that), but if she is on legal aid they cannot make an order requiring her to pay your costs (that is to do with legal aid).

Assuming she does attend the first hearing (or second as case could be), it will simply be a case of asking if there is common agreement over number of nights. If she agrees then the Order will simply be made.

His solicitor will have made him aware of what will happen if she decides to be awkward and it looks like he is getting confused here. The first hearing where both parties are present will be a directional hearing (unless agreement is made as previous paragragh), judge will listen to both views then direct CAFCASS involvement. CAFCASS will become involved at the next hearing (or possibly do some of their work before), their aim is to find out exactly what the child wants. CAFCASS will interview the child in a non-court environment and neither parent will be allowed in the room for all questions.

To clear the matter over an 8 year old attending court - yes they do, but not the actual court room, they go into CAFCASS rooms which are more child friendly. A child can be present to speak their mind to a judge, but that is rare and ultimately again that ability will be assessed by CAFCASS.

maggied_2

Thanks Lizzie, that's a bit clearer now.

Blonde_Bint

Maggied, i'm keeping my fingers crossed for you, I remember your previous threads:) try not to let this get you down. I remember only too well how these things leave you feeling they can take it all out of you. stay strong for everyone concerned including yourself.

maggied_2

Thanks for the support BB! It's all in someone else's hands now so will just have to wait and see what the outcome is. I'm under no illusions about it suddenly making things perfect but hopefully it will improve the situation and give OH some recourse if/when PWC decides to play her games.

Very weirdly we have heard absolutely nothing from PWC or her mother (who OH has been communicating through). She must have had the solicitor's letter by now and normally she can't help herself - hmm!!

Will keep you posted

C xx

speedster

maggied wrote: »

Thanks for the support BB! It's all in someone else's hands now so will just have to wait and see what the outcome is. I'm under no illusions about it suddenly making things perfect but hopefully it will improve the situation and give OH some recourse if/when PWC decides to play her games.

Very weirdly we have heard absolutely nothing from PWC or her mother (who OH has been communicating through). She must have had the solicitor's letter by now and normally she can't help herself - hmm!!

Will keep you posted

C xx

believe it or not, that's a good sign.

my ex went all quiet whan i served the papers on her.

mind you, she let rip when we got into court. result. it meant the judge had a "view" of her from the off!! :rotfl:

thing is, contact blockers with "ownership issues" often trip themselves up in court. :T

you've just gotta know what buttons to push. also, knowing when to say nothing at all, body language, posture, appearence, mannerisms etc, etc, etc are all VERY important as the judge will pick up on all of these.

conducting yourself properly will get as good a result as any evidence etc.

just holler if ya need any tips. :beer:

maggied_2

Hi Speedster - as I said I won't be present and OH has asked to heard separately to his ex which I believe has been OK'd.

Will it be an actual courtroom setting? What are they likely to ask him? Will his solicitor do most of the talking?

speedster

maggied wrote: »

Hi Speedster - as I said I won't be present and OH has asked to heard separately to his ex which I believe has been OK'd.

Will it be an actual courtroom setting? What are they likely to ask him? Will his solicitor do most of the talking?

just curious, but why has he asked for a shuttle hearing? you cant defend or state your case properly and tend not to gain good results.