Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Directions to final hearing?
#1
Hi guys

So I've received my exs position statement for court tomorrow and she's disagreeing with cafcass's recommendations and the contact centre's recommendations. Which I knew would happen as all the reports are overwhelming in my favor. She wants contact to stop and cafcass, the contact centre and me are saying it should be increased to weekly and unsupervised.

She isn't getting what she wants so she's throwing her toys out of the pram.

There hasn't been a fact finding hearing or anything. Basically I was a victim of DV and she denies it, police are not proceeding due to insufficient evidence. Cafcass did a risk assessment on us both and the ex came out as low risk of being intimidated/being in danger where as I came out as very high risk. Cafcass therefore did not recommend any face to face contact between me and my ex for my own safety.

Now the ex is bleating about no due consideration being given to her being at risk of ME making false allegations against her.

Seems pretty clear to everyone that she isn't the one at risk here but still... ex is crazy.

Her solicitor says (I'm paraphrasing this) "directions will be required to enable the matter to proceed to a final hearing. Both parties to exchange statements by x date and the matter listed for a district judge at the first available date after x"

Can anyone explain what a "directions" would mean? Could it just be ordering a finding of fact? Or straight to a final order? What does it mean?
Reply
#2
In your case its likely that a directions hearing will result to the court ordering a final hearing as none of you will come to any kind of agreement. Final hearing will be 6-8 weeks after directions hearings. if no agreement reached then court will make an order. sounds like it will be unsupervised gradually building up more and more contact and they may order you both to go on a SPIP course as well. I cant imagine them doing a find a fact hearing. most of the time they will follow caffcass recommendations
Reply
#3
Its really unpredictable how the kangaroo court will go.
It really baffled me why cafcass are so in favour of keeping parents separated.
This is never good for any child.
I guess it keeps them business to damage more children.Sorry to be so negative about professionals.

Parents to be seen to be communicating with one another is surely a positive.

However me saying that. I keep my distance with the ex until my whole pear shaped hearing is out of the way. I avoid any scope for allegations.

Once a final order has been made I'm sure things will smoothen out.
Reply
#4
So I had my 1st hearing and they recommended a section 7

2nd hearing they ordered contact with an additional cafcass report and recommendations from cafcass and the contact centre. (Says on the court form it was a dispute resolution appointment)

3rd hearing tomorrow is a further dispute resolution appointment.

If they order a Final hearing am I right in thinking that the judge could suspend contact in the interim?

Ex wants it to stop until she's 2 (which is in 4 months I might add) and everyone else is calling BS on that.

I'm hoping that the cafcass report, case worker report, contact centre review report and the 9 contact session reports that all back me up 100% makes the judge put his foot down and rule in my favor.

I'm literally asking for 3 more supervised sessions then moving to 6 unsupervised sessions with a review at the end to see how we can proceed. Which is what all the reports say as well.

I mean come on! The 8 contact centre staff, my case worker, cafcass, the cafcass psychologist and me can't all be wrong?
Reply
#5
Hi, you are pretty muc in exactly the same position as me. I have not long had a directions hearing. Basically all a directions hearing is for them to see how contact has gone and to see if they can thrash out an agreement between yourselves to progress with contact.

Although i had supported contact only in a centre i asked them for an email regarding how they all thought contact had gone because i knew exactly what was coming. Funnily enough i didnt get the ex's statement until she walked into court but as yours she not only came out with a load of rubbish about contact, getting her mates to also write statements about how contact has gone and how it has effected them all over the following days but she also basically wanted no contact at all. She never made any proposals for contact. Everything she said was the complete opposite to what actually happened.

So basically there was nowhere to go for us, she wants no contact. All her allegations before this had already been looked into and considered so there is no need for a finding of fact hearing, cafcass have already dealt with it in the section 7 and told me there is nothing to find out.

So it was just moved on to a final hearing but she was basically made to agree to continue contact as it is, every week for 2 hours in a contact centre. They do not like reducing contact or changing and will not usually if there are no safeguarding issues. They want to keep what you already have until the final hearing. The cafcass adviser also told her in court that she needed to come up with something because we have the next 17-18 years to work together with this.
Reply
#6
2moro a judge will at the very least should be granting supervised access weekly and may even get some unsupervised. as its only directions hearing I think if ex refuses and kicks up a major fuss it may remain as it is for now or weekly slightly increased until final hearing. When u have an ex that decides that dad cant have contact theres not a lot they can do until final hearing unfortunately.
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  Final court hearing after completing supervised contact. What do I expect? bianworld 1 782 04-07-2019, 12:04 PM
Last Post: bianworld
  Final hearing thelongroad 3 1,144 01-16-2019, 04:38 PM
Last Post: thelongroad
  Final contested hearing - LIP. Not been asked to prepare anything by the court. TheDetective 5 1,224 12-01-2018, 10:26 PM
Last Post: invisibleintellectual
  Directions Hearing tempe_arizona 9 2,085 11-15-2018, 11:25 PM
Last Post: warwickshire1
  what happends after the final hearing, avadad 3 1,231 11-02-2018, 05:40 PM
Last Post: asd1270
  Final hearing - Postilion Statement MarkyB 1 695 10-29-2018, 04:23 PM
Last Post: invisibleintellectual
  Thinking of Representing Self at Final Hearing Powerkiter 2 920 09-25-2018, 07:14 AM
Last Post: Powerkiter
  Equal residence following final hearing CFC 4 1,879 08-31-2018, 10:52 PM
Last Post: nicosey
  final hearing , whats going to happen avadad 2 1,400 05-30-2018, 09:27 PM
Last Post: avadad
  final hearing statement help avadad 6 2,527 04-29-2018, 11:21 AM
Last Post: RD84



Users browsing this thread: 1 Guest(s)