Advanced search

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Contested Hearing, Family Court

(6 Posts)
CourtAgain Thu 28-Jul-16 16:34:05

I've been going through the Family Courts as my ex-husband is trying to get the Prohibited Steps order lifted that's been in place for 3 years. At the moment he is only allowed indirect contact with our DC (letters every month).

The latest Cafcass report (wishes & feelings?) recommended only indirect contact again. My ex is not accepting this so I've been told it will now go to a contested hearing.

Can anyone tell me more about contested hearings please? What to expect? What do I have to do or prove to hopefully ensure the judge agrees with the Cafcass recommendation.

Thank you

WrappedInABlankie Thu 28-Jul-16 19:43:34

He will have to prove/give evidence for how what he wants is in the best interest of the DC, he'll go first as he brought the case to court then you'll go and give your evidence, why it's best for DC to have indirect contact. Can last all day and the judge will make a decision on it based on CAFCASS, yours and his evidence. You can use statements from people, texts, emails, police reports ect. However it must be 100% factual. They don't want your opinions on him, how you feel about him. HTH

CourtAgain Thu 28-Jul-16 19:57:12

Very helpful thank you. I've always kept my feelings about him to myself so I need to remember to keep doing that and be factual.
I'm terrified but hopefully will get through it OK. He had a temper and doesn't like to be challenged so it will be interesting seeing him go first. He walked out of a hearing last year.
Fingers crossed.

WrappedInABlankie Thu 28-Jul-16 20:03:23

Try not to be worried. The judges aren't stupid and they can very much see through someone's 'court persona' as they called it. It's hard but once they slip up it becomes easier I found. If he walks out of court that isn't going to go well for him. Are you self representing? If so when he gives his statement/evidence write notes. so if he say's he was never violent write that with an example, if he's not self representing his barrister will ask him questions before you can.

CourtAgain Thu 28-Jul-16 21:20:21

I'm going to get a barrister. I have to give it everything I've got. The children do not want to see him - he's virtually a stranger to them and they're scared of him.

Thanks again.

WrappedInABlankie Thu 28-Jul-16 21:32:18

You should be fine then smile she'll cross examine him and catch out any lies Ect. Easier said then done but try not to worry to much and good luck

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now