Judges Desicion

[littlemissminime]

So you go to court for child contact. Judge finally makes a desicion along with helfo from SW / CAFCASS. One party is obviously going to be disappointed with the outcome. Can this desicion be appealed? Can the disappointed party re-apply?

[lostdad]

An appeal can only be made for a set number of reasons - including proving the court made an error in law, relied too much or not enough on evidence, was misled, no evidence on which a finding was made, etc.

You cannot appeal a decision purely because you don't like the decision in short. It must be remembered too that the court has a wide ambit of discretion too. To counter appeals courts very often lay out how they have applied the Welfare Checklist to the decision made.

If a party is not happy with an order and feel that it isn't in the best interests of your child there is nothing to stop you making a further application or applying for a variation at some point in the future but it would be wrong to walk out of court planning to walk back in without seeing how things pan out.

Finally, remember that unless the order made was at a final hearing it is an interim order and may well be changed at the next hearing.

Here to help.

[littlemissminime]

Thanks lostdad. Next hearing is for the reports, will the final be after that?

[lostdad]

In a word...it depends!

What does the last order say? If the report says it's a final hearing it should be the last hearing - but once again, as the court has a wide ambit of discretion that may not be the case. The court may close the case or not.

When you say `report' - which kind? Section 7? Section 37? Wishes and feelings? There are quite a few! Once again...it'll be on the order!

[littlemissminime]

Section 7.

[lostdad]

That's a welfare report conducted by CAFCASS (although the court tends to order these as a matter of course these days).

The order made at the last hearing will specify what kind of hearing the next one is.

If you have a Section 7 report and you are not happy with the content it is possible to cross examine the officer at a final hearing if you feel it is appropriate. Cafcass are the `eyes and ears of the court' and while their recommendations are often made into orders there is no guarantee that this will happen.

[littlemissminime]

Social services are doing the report. Im happy with what Ive been told is going in it. I feel the EX wont be and I have a feeling once he receives the report, he may not attend the directions hearing.

[EmptyNestAgain]

Provided the court can be sure that exp was aware of the hearing, they can proceed without them being there.

[lostdad]

EmptyNestAgain is right - orders can be made if one party doesn't attend.

In my experience however that when this happens they simply adjourn the hearing till a later date. The court will usually take decisive action after 2 or 3 times.