Section 7 Report before or after FHDRA?

[UkDad]

Hi everyone,

Can a Section 7 Report be given before the FHDRA or is it typically after?

Does it have to be ordered by the judge, or can CAFCASS proceed with a Section 7 on their own accord?

Thanks.

 

[Peanut 21]

It's usually before a FHDRA.
Can be ordered by Judge or sometimes cafcass suggest to court it may help them.

 

[Chris41]

Hi everyone,

Can a Section 7 Report be given before the FHDRA or is it typically after?

Does it have to be ordered by the judge, or can CAFCASS proceed with a Section 7 on their own accord?

Thanks.

In my case was ordered after FHDRA, not recommended by cafcass officer who did safeguarding letter but court legal adviser and court cafcass officer decided it was needed and apparently they can do this (no judge or magistrate required). Solicitor said legal adviser can make case management orders which means they can direct section 7 reports but they cannot make child arrangement orders that can only be done by magistrate or a judge.

 

[UkDad]

Thanks for the responses.

If a Section 7 Report is ordered before the FHDRA, is there a possibility they could delay the FHDRA date to have the Section 7 completed?

How long does it usually take for the Section 7 Report to be completed?

 

[Chris41]

Thanks for the responses.

If a Section 7 Report is ordered before the FHDRA, is there a possibility they could delay the FHDRA date to have the Section 7 completed?

How long does it usually take for the Section 7 Report to be completed?

Yes I would imagine this would be extremely likely and would make logical sense, but if for some reason wasn’t the case I would just write to court and ask them to vacate that date as section 7 report isn’t completed or you have not had time to write a position statement following it.

 

[Chris41]

Yes I would imagine this would be extremely likely and would make logical sense, but if for some reason wasn’t the case I would just write to court and ask them to vacate that date as section 7 report isn’t completed or you have not had time to write a position statement following it.

Been given 12 weeks for it to be completed but that seems also to include giving you time to write a response to it. So I have been told I will get copy of it in 1st week of June with hearing planned end of June after having had FHDRA mid March.

 

[UkDad]

@Chris41 thanks.

My FHDRA is coming up very soon and I haven't had the initial CAFCASS safeguarding report yet.

I just hope the FHDRA is not delayed.

 

[MagicJ]

Been given 12 weeks for it to be completed but that seems also to include giving you time to write a response to it. So I have been told I will get copy of it in 1st week of June with hearing planned end of June after having had FHDRA mid March.

This is right, it's about 12-14 weeks.

I've never heard of it being requested prior to the first case management hearing, which is a FHDRA.

Court will make the decision by im suprised that was be done by an LA without due process by either Mags or DJ!

Yes, you don't want it delayed, what are potential obstacles to moving forward without an S7?

You may want to consider having a DAB instructed if you think that will be put forward and you have grounds to fight against it.

 

[UkDad]

Yes, you don't want it delayed, what are potential obstacles to moving forward without an S7?

None that I know of so far, however ex will try anything.

 

[Peanut 21]

Apologies, was confusing first hearing with final hearing.

 

[DadLad]

Cafcass only make recommendations to the court. But it can be argued at the FHDRA that a Section 7 is unnecessary.

You can get to the FHDRA and a S7 report will or won't be ordered.