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Cafcass and fact finding(7 Posts)
I'll try and keep it brief. During the first directions hearing, cafcass recommended no contact between ex and child. Recommended a fact finding hearing.
However, in court today, different cafcass officer present, no interim contact agreed again, however this officer said a fact finding hearing wasn't necessary as the section 7 report would be sufficient.
The issues are that ex is violent and emotionally abusive to child and so I thought it would be crucial to have a fact finding hearing? His behaviour is also that of someone who is deeply disturbed. I have been told that my solicitor can challenge this, should they?
(solicitor not present today as legal aid application not approved yet but is certain to be imminently)
Thanks in advance
Presumably it's been adjourned to a later date to consider whether there should be a FoF? Has the s7 been ordered yet? It all depends on how many allegations there are, how much is admitted, and how the not-admitted allegations would affect the court's decision. If there's a lot that's not admitted, and it's fundamental to the case, you'd often need a FoF as otherwise the Cafcass officer doing the report won't be able to base their recommendations on a solid factual matrix.
No, the section 7 has been ordered. The original cafcass officer recommended fact finding, this one didn't.
The judge went with their recommendations. I am going to ask my solicitor to ask for a fact finding hearing as it is recommended due to domestic violence as I have found from the rights of women.
I think the problem was that my solicitor wasn't present yesterday, but they did leave it open for her to challenge anything in the next 14 days once my legal aid is in place.
Hi, in a similar situation to you sadly. At my first direction hearing cafcass recommended no interim contact but pushed for a fact finding hearing, I made allegations of abuse and have police involvement and ex has restraining order (he stood up in court and told magistrates he volunteered to have restraining order imposed upon himself for his own protection. That's the kind of man I'm up against!). I filed Scott schedule and supporting statement with evidence. He responded, denying all but didn't send statement as directed so I am hoping I can adjourn it possibly. I have to represent myself as don't financially qualify for legal aid. He's a bent ex cop who's used to standing up in court. He's a manipulative, clever, lying conman with an undiagnosed personality disorder. It's a nightmare and I feel on verge of cracking up! Let me know how you get on x
As to the necessity of the FF hearing, it depends on whether having it will affect the court's decision, as Collaborate said.
Is there other evidence that corroborates your allegations? For example, if your ex has criminal convictions, there is no need to have a fact finding hearing regarding allegations that formed the basis of the convictions. Could also be (depending on age of child) that your child has disclosed matters or communicated his/her wishes and feelings and cafcass has decided no contact based on that.
Where there are allegations that the court considers would impact on whether or not contact is ordered, the practice direction does say that a FF should take place. However, a FF takes a huge level of court resources. If the court is satisfied that no contact should be ordered, regardless of your allegations, then a FF would not be necessary.
Sorry to hear that Neb78
What stage are you at now with it all?
Thanks thisisafakename i think from the advice I have now had that my solicitor definitely needs to ask for a fact finding hearing as my daughter is too young to express her wishes and I have so many unresolved issues with the incidents surrounding previous contact with her father. There has been plenty of police involvement but no convictions unfortunately.
Hi again, in court on the 8th August for the fact finding hearing. I received his version of events to the disputed allegations which date from 2013 to present, police involvement etc. I also received a statement which was filed over a week after his Scott schedule response but he makes not reference to any evidence to support his version of events. He's never been able to accept I don't want a relationship with him, other than an apical one for our child's sake. Although the he had restraining order I took this as plea bargain from his defence rather than going to trial. Of course now he's claiming his innocence. Despite the RO! It's just all mind games and control issues with him which hopefully I can prove with evidence I have. I think court tends to believe physical abuse more than emotional / psychological ? Let's hope they see the truth in my evidence. ... Having to represent myself tho as I do not financially qualify but still can't afford to have representation on the day as they've allowed 4 hours for the hearing. Nightmare! My time since first hearing has been consumed by this, writing statements, gathering evidence etc. all so emotionally draining! At end of the day they don't see the negative impact this has on the child. It's sad x
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