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CAFCASS interview
- Thread starter bbl
- Start date
Is that an FHDRA? I'm guessing it is. Whereabouts are you at with things so far? Magistrates are fairly standard. You tend to only get a district Judge if there are some serious allegations being made. You would prepare the same but if your ex has a solicitor the magistrates may be more easily swayed than a Judge IMO.
Can you update on what you've applied for and what has happened so far? So we know what to suggest next.
Can you update on what you've applied for and what has happened so far? So we know what to suggest next.
Sample position statement in legal resources - I'll link it below. Obviously for different circumstances, but it gives you an idea of the simple layout of a position statement (not the same as a "witness statement" which is more formal). And the style. Generally, write as if you were talking directly to the Judge and keep it to the point and fairly punchy.
www.dadswithkids.co.uk
Sample Position Statement
Attached is a sample position statement. Click on the "Download" link top right. Note this is NOT a full statement for a final hearing - that is more formal, about 8 pages long and refers to exhibits and evidence. This is a "Position...
www.dadswithkids.co.uk
They are doing a lot of S7's these days! So it sounds like your hearing next week will be mainly to order the S7 report. That can take a few weeks, Cafcass interview both parents and speak to the children, then write another, more in depth, report.
Are you getting any time at all with the kids at the moment? The other thing you want to do for the upcoming hearing, is a position statement, updating what the situation is since application and asking for what you want in an interim order, while S7 goes ahead.
However there is opportunity to reach agreement for a consent order at the first hearing and then it goes no further. Negotiations take place before going into court (which is why they ask you to get there an hour early). If you both have lawyers, it could be possible to reach a consent order. If not then it's not very likely. The lawyers thrash things out and there usually needs to be some compromise. So you need a bottom line. If the other side agree to a good order but not shared care, it might be worth considering, to save the time and hassle of a S7 and ongoing proceedings.
Are you getting any time at all with the kids at the moment? The other thing you want to do for the upcoming hearing, is a position statement, updating what the situation is since application and asking for what you want in an interim order, while S7 goes ahead.
However there is opportunity to reach agreement for a consent order at the first hearing and then it goes no further. Negotiations take place before going into court (which is why they ask you to get there an hour early). If you both have lawyers, it could be possible to reach a consent order. If not then it's not very likely. The lawyers thrash things out and there usually needs to be some compromise. So you need a bottom line. If the other side agree to a good order but not shared care, it might be worth considering, to save the time and hassle of a S7 and ongoing proceedings.
What's the adapt course?
The advice from all the dads above is absolutely spot on.
Do not allow yourself to be sucked in by the CAFCASS officer. Mine was looking for any reason at all to side with the mother. I used all the tips here and had a little card of prompts ready to respond "I do not know why she would say that. My priority is the wellbeing and happiness of my children" was used several times. Towards the end of the conversation I was asked what I wanted and I mentioned I wanted the children 50/50. She asked about my current living conditions and I was only in a 1 bed flat at the time. I regretted immediately saying I would need to sell the family home to afford somewhere for myself - I knew it would end up in the report and, guess what, there it was. And then, all of a sudden, CAFCASS went with over caution and I was up against it.
As far as finances go, if you can scrape together enough for a barrister, please do.
Find out the amount you should be paying via CMS and you pay this on time. I was paying a bit extra at first as, naively, I felt it would start to address some of the controlling claims that had been made against me and would mean my children would not be going without. Only recently, after all of the nastiness have I realised that my ex would happily see the children without their daddy so protect the future for you and your children as much as you can.
Your ex WILL try everything she can to get negative actions out of you - see them for what they are - an attempt to manoeuvre you out of their lives and hang on to all of the control. I am not there yet but every day I feel stronger and really, really proud that I have been the one putting the futures and needs of my children first.
It might not always feel that you are fighting for what it right but to be successful, there's only really one way to go about it, and that's calmly and forensically. Don't give her anything to sue against you.
Do not allow yourself to be sucked in by the CAFCASS officer. Mine was looking for any reason at all to side with the mother. I used all the tips here and had a little card of prompts ready to respond "I do not know why she would say that. My priority is the wellbeing and happiness of my children" was used several times. Towards the end of the conversation I was asked what I wanted and I mentioned I wanted the children 50/50. She asked about my current living conditions and I was only in a 1 bed flat at the time. I regretted immediately saying I would need to sell the family home to afford somewhere for myself - I knew it would end up in the report and, guess what, there it was. And then, all of a sudden, CAFCASS went with over caution and I was up against it.
As far as finances go, if you can scrape together enough for a barrister, please do.
Find out the amount you should be paying via CMS and you pay this on time. I was paying a bit extra at first as, naively, I felt it would start to address some of the controlling claims that had been made against me and would mean my children would not be going without. Only recently, after all of the nastiness have I realised that my ex would happily see the children without their daddy so protect the future for you and your children as much as you can.
Your ex WILL try everything she can to get negative actions out of you - see them for what they are - an attempt to manoeuvre you out of their lives and hang on to all of the control. I am not there yet but every day I feel stronger and really, really proud that I have been the one putting the futures and needs of my children first.
It might not always feel that you are fighting for what it right but to be successful, there's only really one way to go about it, and that's calmly and forensically. Don't give her anything to sue against you.
Sorry mate - just realised I replied to a comment on page one.
@nothernsoul not my thread but glad you replied there are some good reminders in there & some good tips with the prompt cards.
Hello all, I have been to court today FHDRA. I have been given increased time with my son (sleep over) with the view of this increasing Vai a consent oder.It is going to a S7 due to the false allegations she has put forward the hearing will be in October. Can I ask any advise you can give please would be valuable, like I said I have the evidence to disprove any allegations she has put forward.
That's good news you got a decent interim order. So how often are you getting to see your child? This is very positive as it means staying time is already established before a final hearing, and then it just comes down to - how much and how often.
It's not really about disproving the allegations. There is no fact find ordered to determine whether they are true or not, so the court has probably largely ignored them anyway. But the S7 will be a key factor. The Cafcass officer, if they believe the ex's allegations, may err on the side of majority of time with Mum. But you'll just have to see how that goes. If you feel the S7 is biased (and they can be sometimes) and aren't happy with the recommended schedule, then you can have that report undermined as flawed at the final hearing (they often are flawed in terms of not seeing the kids with Dad and only with Mum for example). And then it will be the Judge that will be determining what kind of order, based on evidence and arguments put forward at the final hearing.
A lot of people think they need to defend allegations, but actually if a final hearing has been ordered, then they have more or less been dismissed - they're not stopping you see your child/children. They have left it to Cafcass will look into how things will be in the future etc.
So the next stage is - what the S7 report recommends. After that, your final hearing is where you present evidence, but most of that evidence will be to support why you should have the order you're asking for and why it would benefit your kids, because by that stage it will already be seen there are no serious welfare issues (because you're already having interim unsupervised time).
It's not really about disproving the allegations. There is no fact find ordered to determine whether they are true or not, so the court has probably largely ignored them anyway. But the S7 will be a key factor. The Cafcass officer, if they believe the ex's allegations, may err on the side of majority of time with Mum. But you'll just have to see how that goes. If you feel the S7 is biased (and they can be sometimes) and aren't happy with the recommended schedule, then you can have that report undermined as flawed at the final hearing (they often are flawed in terms of not seeing the kids with Dad and only with Mum for example). And then it will be the Judge that will be determining what kind of order, based on evidence and arguments put forward at the final hearing.
A lot of people think they need to defend allegations, but actually if a final hearing has been ordered, then they have more or less been dismissed - they're not stopping you see your child/children. They have left it to Cafcass will look into how things will be in the future etc.
So the next stage is - what the S7 report recommends. After that, your final hearing is where you present evidence, but most of that evidence will be to support why you should have the order you're asking for and why it would benefit your kids, because by that stage it will already be seen there are no serious welfare issues (because you're already having interim unsupervised time).