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How are CAFCASS notified?

(6 Posts)
MaryPoppinsCarpetBag Wed 12-Feb-14 14:12:57

When CAFCASS need to do a sec 7 report, is it put in the court order that the court have ordered the report?

CAFCASS closed involvement in this case at the first hearing after doing sec 2 on NRP & his partner as no issues. Last hearing, sec 7 was requested by respondent. That was a month ago. CAFCASS have not got any request to reopen the case or any paperwork from the court to say a sec 7 is needed.

The court have confirmed the order was sent out to "all parties" including CAFCASS just days after the hearing.

This order is particularly bad - spelling mistakes and dates missing all over the place but my main concern is that it does not mention CAFCASS or a section 7 report at all.

mumblechum1 Wed 12-Feb-14 15:14:31

If the court order is inaccurate your solicitor can send it back to the court (copying in the other side), and ask for it to be amended under the Slip Rule. Give your solicitors a call, although tbh they should really have picked up on it already.

MaryPoppinsCarpetBag Wed 12-Feb-14 15:33:11

Thanks. There is no solicitor, applicant is LIP. Should the order contain a line to say a sec 7 is needed?

mumblechum1 Wed 12-Feb-14 17:04:41

Yes it should. Have a word with one of the staff at the court office for guidance.

MaryPoppinsCarpetBag Wed 12-Feb-14 17:10:38

Thanks smile

lostdad Thu 13-Feb-14 12:11:23

As Mumblechum says. It will be explicit if a Section 7 is needed.

If the order is wrong write to the court and tell them - if you're right the order will be amended.

Worth remembering that as a litigant in person that the other party's solicitor has an obligation to help you, and not to take unfair advantage - `behaviour that any reasonable solicitor would regard as wrong and improper. That might include:

bullying and unjustifiable threats;
misleading or deceitful behaviour;
claiming what cannot be properly claimed;
demanding what cannot properly be demanded.'

The above is from here: www.lawsociety.org.uk/advice/practice-notes/litigants-in-person/

The other party's solicitor has an obligation to help you in terms of procedural issues (not legal advise!) and to do things like prepare paperwork and bundles when it comes to final hearings, finding of facts, etc.

In my experience (I am a McKenzie Friend) the above can be disregarded by solicitors and there is very little penalty for doing so. Make sure that you get advice if you aren't sure on it - you really don't want to arrive in court to find your evidence in chief has been excluded because the bundle contents cannot be agreed (this happens more often than you might think...)

Whatever you do however, take someone with you. Someone neutral - not a friend or relative, but someone who can act impartially and can take notes.

Finally...don't be surprised about badly put together orders unless it materially affects the situation!

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