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Legal matters

Claiming costs back due to Cafcass

7 replies

CourtandMoney · 24/02/2016 12:43

Excuse the name change - done to prevent ex locating my posting history as this post is identifying.

My child access case was referred from the Family Court to County Court. The hearing today was adjourned as the judge refused to hear it because Cafcass hadn't turned up. We don't know whose fault this is but the judge and my solicitor said I can fill a form in to try and get my costs back (£450 for my solicitor).

But...no-one can seem to tell me what form and where I find it. Can anyone help me please?

I've tried ringing the court, who said they thought it was form D11 but that doesn't look right. My solicitor just said "it's on the website" Hmm.

I really need to claim this money back so any help would be massively appreciated.

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sootica · 24/02/2016 23:05

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sootica · 24/02/2016 23:08

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CourtandMoney · 25/02/2016 11:53

Ohhhh. Replies!!! Thank you both so much.

I'll get on it straight away.

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CourtandMoney · 25/02/2016 11:54

Sorry. Thank you sootica Blush

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babybarrister · 25/02/2016 20:04

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CourtandMoney · 25/02/2016 22:30

I'm expecting to get nothing but I have to give it a try, I'm skint!

In the paperwork for the first case at Family Court, it asked for a safeguarding report and for Cafcass to be available to speak to both parties and the judge.

When we attended Family Court, they refused to hear the case and transferred it to County Court (and to the judge who had given a ruling on our case 2 years ago). There was a Cafcass rep at that first hearing but we never got to speak to her. The transfer paperwork just states the case was to be transferred to County Court. No mention of Cafcass attending.

I spoke to Cafcass today who said they weren't at County Court because they weren't asked to be. They had signed their involvement off once the safeguarding report was done in early January.

So I've got no idea who is to blame. My solicitor isn't returning my calls. I'm out of pocket and bloody skint with no resolution to this PITA case my ex is pursuing.

Grin

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sootica · 26/02/2016 10:27

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