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Divorce/separation

Cafcass Section 7 late - any advice?

4 replies

cinammonbunsandcoffee · 16/04/2024 20:58

Am litigant in person and the applicant, got FHDRA hearing next week, Cafcass have had 5 months to do Section 7, they asked for a two week extension two weeks ago, it was granted and it's still not in. Can I ask for a delay for the FHDRA? Its not ideal but even if by some miracle it arrives tomorrow I will only have 3 days to respond and I think I might need longer. And on principle it seems discrimminatory that I get such a short time to respond. Anyone else had this?

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TheFireflies · 16/04/2024 21:06

You could email the court and ask for an adjournment on account of not having sufficient time to consider and prepare a response to the report. Has the court directed a statement from you in response, as if so you’re more likely to be given more time. If not, I would say you’ve still got time to read through it and decide whether you agree or disagree with the recommendations. IF it arrives.

Have you got a solicitor, as it’s also worth pointing out that you don’t want to incur costs if a hearing cannot be effective due to lack of report.

As it’s a dispute resolution hearing, the judge won’t be making any final orders unless you’re both in agreement, so if you don’t agree with the report or your ex’s position you will still have time to properly formulate a statement and pull together your evidence before a final hearing is listed.

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cinammonbunsandcoffee · 16/04/2024 21:12

I'm representing myself. Yes they gave two weeks to respond but then the cafcass asked for an extension but court didn't extend my time as well. So even if comes tomorrow I will only have 3 days to respond.

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TheFireflies · 16/04/2024 22:36

Ah, if the court has asked for a statement from you, I’d email to ask for a short adjournment as you won’t now have enough time to reasonably read, consider and digest the report and then prepare your statement. Three days is not a lot of time in an already stressful situation.

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cinammonbunsandcoffee · 17/04/2024 10:29

Got my terminolgy wrong its a Dispute Resolution Appointment this one coming up. @TheFireflies

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