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No interim access
#1
Hi all,

I've got a C100 and C1 currently in progress. The court said they wouldn't rule on interim access but to take it up with SS. SS say CAFCASS have said no interim. This despite nothing in the CAFCASS report being to do with my ability to look after a child, just the usual rubbish unfounded accusations from the ex.

I was asking for supervised access in a contact centre and i also pointed out that I'm an enhanced DBS checked teacher of seven years!

Am I right in thinking that I've been screwed over here? I've written a strongly worded email to both SS and CAFCASS asking them to explain the reasoning.

Any advice?
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#2
The new practice direction 12j (contact arrangements and DV) came into affect on 2 October 2017 and I wonder if this policy has affected interim contact for you.

Have a look at it here - https://www.judiciary.gov.uk/wp-content/...170914.pdf

You need to have any allegations set down for fact finding so that she then has to prove them.
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#3
Thank you.

The initial hearing where it was (or actually wasn't discussed) was in Sept, before this. There are false accusations of DV from the ex though so it's possible they listened and pre-empted this.
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#4
Sorry to hear you've had this. I'm no expert but is it possible to ask for another interim hearing to sort this matter out? (This was suggested to me by a Solicitor recently). I can't see why supervised contact in a contact centre wouldn't be ordered. Do you have any evidence to show the accusations are false? eg evidence that you have a clean police record, no DV against you or anything?
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#5
Yeah loads of evidence to prove they're fake, and no DV against me, no criminal or arrest record or anything. In court they refused to discuss it until the section 7 report came in. It'll be at least 6 months by the time I see my daughter, depending when the next hearing is. I think having asked for an interim order in court and being denied they're not going to entertain it by me asking for a separate hearing.
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#6
Good that you have evidence. It sounds like a common tactic to accuse something and cause delays waiting for a Section 7 to keep contact back as long as they can. I think a good Solicitor would ask for another interim hearing and argue that you should have at least supervised interim contact. They can get info from social services before and use some of your evidence. Might cost though. The one who told me that was unaffordable for me, but gave me some good advice.
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#7
I'd agree with everything written here and add that what you should seriously think about is going along to a solicitor for half an hours free advice on getting another hearing for interim contact. Get that free advice and you might want to think that you need not use that solicitor in court or use them for just a part of the proceedings - just one or two hearings. If she's accused you of DV you need to ask thr court to consider Practice Direction 12J. If she didn't report to the police or go to her GP, the allegations will go nowhere. And even if she did and you weren't charged (not arrested but charged) or prosecuted, the allegations will go nowhere.

Frankly I think you should stay away from supervised access and ask for supported and even then I don't know why you'd want to do that with unfounded allegations. Supervised is tantamount to a admission of guilt and she can use that against you later.
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#8
Thanks both. Yeah it'll go nowhere but it's all the time it's taking in the meanwhile that is infuriating, just because someone makes something up this can happen? Outrageous. I've got a solicitor who I've been consulting with throughout the whole process. I've not heard of the 12J though, I'll look into that.

I disagree about asking for access. I think it shows that at the centre of all of this is the child, as it should be. So as a parent we'd do whatever was necessary to have some access. I know I would. To turn that down would look like game playing I think. I know what you're saying though. End of the day I've done nothing wrong and have nothing to hide.
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