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Cafcass in court

4 replies

balia · 08/06/2012 15:27

DH is due back in court next week (he is applying to get more holiday contact, we have a contact order already) To try to make sure DSS didn't miss another summer, the judge split the application into long term and short-term (IYSWIM) and said Cafcass were to start their report before next week and be in court to advise, if DH and DSS's mum couldn't agree a holiday plan for this summer.

It has been a very difficult half term WRT contact, DSS's mum cancelled the first weekend's contact, changed the mid-week contact, refused to get in contact to confirm, was abusive at handover this weekend etc. We're still waiting for her to reply to her sol so we can move ahead with agreeing this summer so we can avoid court if possible.

So, had a call from Cafcass today, suggesting an initial meeting next month. The lady also said she was not going to be in court either. Can they do that? Will the court date just get cancelled? Should we email the sol and say we agree to the contact originally proposed (less than the judge said at court) and just leave it until after the summer and the next hearing when hopefully there will be a report?

DH self-reps so we never know what to do for the best.

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mumblechum1 · 08/06/2012 17:15

Sorry, I'm a bit confused. What exactly are you in court for next week; a review following a cafcass report which hasn't yet been filed?

balia · 08/06/2012 17:26

Sorry - was trying to be concise rather than confusing! Court next week is an interim hearing following an attempt to agree holiday contact for this summer - if it can be agreed, the interim court date is cancelled and the next court date will be the review of the Cafcass report on holiday contact in the long term. But the judge made it clear that he wanted Cafcass to start the report so they could advise him in the event of holiday contact for this year not being agreed so he could order something for this summer.

I'm not sure I've been much clearer, TBH but I am trying!

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mumblechum1 · 08/06/2012 17:38

The court won't cancel the appointment of its own volition so I'd suggest that your dh goes along as planned. If that particular Cafcass officer isn't available there should be another one there in the court building whose role it is to try to broker an agreement. Local practice does vary, though, so your dh should check with cafcass that there will be someone there to mediate.

balia · 11/06/2012 21:41

We had another email from her sol today, saying that if DH did not agree to vacate the court date this week and accept the original holiday offer then the offer would be withdrawn and they would argue against any extra holiday contact at all on the grounds that it is a 'complex' case.

And ex is going on holiday now so we can't have two weekends of scheduled contact so DSS is actually going to end up with less contact than he would normally have.

We've just agreed to it, doesn't seem any point fighting it. If we tried to go to court ex would just scream abuse at each handover and hold onto the car door to stop DH leaving like she did this weekend, and with all this free legal support she is invulnerable.

Find it hard to believe that a so-called 'family' lawyer can hold contact out as blackmail.

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