Family court / contact orders. Is a solicitor necessary?

adamantine

Cat1 wrote: »

I an 99.9% sure it is hot air!! It generally is. I think people ask him if he's seeing DS and then he replies with something that sounds better than 'no cos I can't be bothered' It's all a bit Jeremy Kyle really. Maybe we could sort it out on JK rather than the courts? At least I wouldn't have to brush my hair and I would get a free night in a travelodge to boot! x:D

:rotfl: i like your thinking!

neverdespairgirl

RainbowDreamer wrote: »

Cafcass write a report that is used in court. They would speak to DS and include his wishes. Their reports focus on what is best for the children.

CAFCASS don't always get involved in private law disputes, only where there are social services issues, or adoption proceedings (public law matters).

They can get involved in private law cases, but it depends on the circumstances. It's certainly not to be expected in a case between parents.

neverdespairgirl

Cat1 wrote: »

Maybe we could sort it out on JK rather than the courts? At least I wouldn't have to brush my hair and I would get a free night in a travelodge to boot! x:D

Do you have a pink shiny tracksuit that's at least a size too small?

FarmersWife_2

Hi.. If it does go any further forward then please pm me, there are a lot of things you can do to help yourself and I would be happy to help. I am not legally trained and cannot offer you legal advice but I can tell you what I have experienced and what works and what doesnt.

CAFCASS ... all depends on the area you are in and the CAFCAS officer allocated. I have had 2 from different counties (we eventually had to move away from the area because of ex) and one was good and one felt sorry for him I am sure !!

There are certain things you can request but remember in ALL family cases there is a duty of full disclosure which means both sides must declare in writing before a court date the issues they will be relying on in court. I have done this for 3 years and won every time so far... I have requested psychological/psychiactric/and hair strand alcohol reports ... it can be done.

Most of it is common sense !! and a fat lazy barrister who hasnt even read the report correctly and gets DD's name wrong consistently is already on a back foot to someone who knows the case inside and out.

C x

gratefulforhelp_2

At 12, the majority of the decision is likely to be your son's.

Given the history as you describe it, I would think he is very very unlikely to be made to see your ex.

FarmersWife_2

Not quite true....

Yes your son would be listened to but the courts view is that children have a right to see both parents. The CAFCAS officer can be very 'devious' is maybe a too strong a word, but your son just saying that he doesnt want to go is not grounds for him not going. The second cafcas officer I had said that I was leading my child into not liking her father (even though she had witnessed him hit me and he had tried .... running across a car park with her in his arms screaming as I chased them) to abduct her. I am sorry, Im not going to lie to you and try and get your hopes up. I have been there.. I have had a CAFCAS officer talk about supervised contact even though my ex has a caution for battery and other allegations which the courts found true in a finding of fact hearing. Most of these things happened in front of my DD (3 at the time) xx

Do Not rely on the CAFCAS officer to help you out x

gratefulforhelp_2

FarmersWife wrote: »

Not quite true....

Yes your son would be listened to but the courts view is that children have a right to see both parents. The CAFCAS officer can be very 'devious' is maybe a too strong a word, but your son just saying that he doesnt want to go is not grounds for him not going. The second cafcas officer I had said that I was leading my child into not liking her father (even though she had witnessed him hit me and he had tried .... running across a car park with her in his arms screaming as I chased them) to abduct her. I am sorry, Im not going to lie to you and try and get your hopes up. I have been there.. I have had a CAFCAS officer talk about supervised contact even though my ex has a caution for battery and other allegations which the courts found true in a finding of fact hearing. Most of these things happened in front of my DD (3 at the time) xx

Do Not rely on the CAFCAS officer to help you out x

That's why I said the majority of the decision.

FarmersWife_2

gratefulforhelp wrote: »

That's why I said the majority of the decision.

Thats Why I said not quite true

princessdreamer

farmerswife the child is 12, the likelyhood that they could be forced is slim no matter what CAFCASS say or do. A child of 12 can be full adult size or pretty close, the ability to pick them up and force them into a car or stop them simply walking back home when out is unrealistic. Plus 12 is just the start of the case, have seen cases go on for over 2 years by which time the child would be 14.

FarmersWife_2

princessdreamer wrote: »

farmerswife the child is 12, the likelyhood that they could be forced is slim no matter what CAFCASS say or do. A child of 12 can be full adult size or pretty close, the ability to pick them up and force them into a car or stop them simply walking back home when out is unrealistic. Plus 12 is just the start of the case, have seen cases go on for over 2 years by which time the child would be 14.

Thats exactly what you are expected to do, and until a CAFCAS officer has seen evidence of this then you have a battle on your hands. Yes it can take 2 years... mine is 3 years in and the final hearing is on 11th November.

C x