what happens at a family court

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Hi

My Partner is representing himself, already had the first hearing which was im assuming very normal a lot of interviews with cafcass etc to try to establish what needs to be done to start some form of contact, the judge ordered a few things that both parties needed to do and got another date at court for 9 weeks later.

The very short version of whats gone, at first hearing his ex made false allegations of drugs (he doesnt take drugs at all i would havent someone like that around my own daughter but this was her way of delaying contact) it was agreed tests would be carried out before contact could start which was being paid for by her legal funding, however since court nothing at all that was ordered has been done by my partners ex including arranging the tests. My Partner wrote to the judge raising his concerns and the judge wrote to his ex and her solicitors requesting an explanation as to why nothing has been done and they havent replied to him.

Basically were just wondering what happens at the 2nd hearing, i have never been to court myself so have no idea. My partner would like to request an interim contact order supervised until the tests are done he also has very good reasons/points that he would like to mention to the judge to support his request, at the hearing will there be a chance for him to talk and request this or it something that should be put in writing to the judge prior too the hearing for him to read instead of the request coming out of the blue??

sorry if this sounds like a really silly question lol just were totally unsure what is the correct way to do it.

Thank you in advance :-)

Hi there - don't actually have any advice but bumping for you in the hope someone sees it. Good luck!

Thank you, hopefully someone will be able to tell me....

if there are poitns to make he should submit a statemtn in advance of the hearing to court and submit a copy to her solicitors.

he can ask the court clerks to assist in formattting the statement and/or the unit at the court which assitst people in the procedures.

the judge gets given all papers tor ead before he calls in th people in the case - so much ebtter judge has the piece of paper wih the points made on it along with everythig else, before they go in.

if he makes a specific point verbally on the day and it is singificant it might just delay everything - best get it in in advance .

so he should put in writing saying what he wants and why he wants it and why it would be in the best interests of the child(ren) for this to happen.

how and when and where this contact should happen. eg if supervised has he contacted www.naccc.org.uk and identified a conact centre or is he proposing person xxxx to supervise? why is this in best interest of children? he should put it all in writing

that way it is all clear to a judge coming in and handed the papers on the day

He might also wish to look up [http://www.fnf.org.uk/ FNF] they are very good and can provide lots of advice.

Sigh - FNF

Hiya
Many thanks for your help.....the only thing which maybe I should have mentioned in original post at the first hearing the judge order a witness statement be filed at same time talking about all issues concerns and how they both see contact progressing. My partner did his statement and filed on time but 9 weeks on they haven't filed their one or done the other bits. It was agreed contact would start after the tests done at supported contact centre to begin with as been few months again since seen children. Judge ordered his ex to pay for tests on her funding and gave a date for the results to be filed and her solicitor to organise the tests so far they haven't done it or replied to his calls for updates. They also were ordered to start the application at contact centre which they haven't done either. we have had a previous application for contact centre via solicitors and it took 10 weeks to get a date for contact to start except his ex pulled out 2 days before contact was to start.

We were expecting to be attending court with tests done and a place nearly available at contact centre but nothing at all has happened and so still in same place as was at first hearing, possibly 10 weeks away from contact starting at centre.

My partner would therefore like to request an interim order for supervised contact at his mums etc, he has reasons/points to justify his request but we wasn't sure if this should be requested in writing prior to the hearing on Tuesday or requested in person.
What we didn't want to do was bombard the judge with things, obv we have already filed the witness statement as ordered, have written to judge on cafcass say so to express his concerns that they wernt doing as ordered and then to send another email would that be to much??!!?

It's just frustrating because we both know he doesn't take drugs just like she knows and the children are missing out on contact with him just because of her games.

Sorry that was a bit long...(also I say us and we alot purely cos I'm quite involved in helping write things and word things correctly for him lol)

send as much factual infromation in writing beforehand as you can .

presenting things on the day verbally does not help.

eg judge might hear something curcial vebally then her solicitor might request adjournment or delay as has not had this vital info to consider before.

if you get it all to her solicitors and to court well before hearing they have no excuse to delay a decision .

Hi cestlavielife

Thank you again for your help, we had drafted the information for the judge double checked with cafcass who agreed that in writing was a better option however something has now come up and I wondered if you may be able to offer a little more advice???

Late last night my partner received a phone from his ex partners solicitor apologising that his ex's witness statement hadn't been completed and filed at court on 11th June and would email it to him. My partner asked why there was a delay and the solicitor advised that his ex had only just been in to see them and that it's not the firms responsibily to contact her to ensure witness statement done but she needed to contact the solicitors. We also asked why te testing hadn't been done, she confirmed that it's all been requested but she can answer until Monday why it's not been done. Same with the application to the contact centre only just doing it now and when I questioned why it's not been done her solicitor couldn't give me an explanation except to say there is a long waiting list at the contact centre so why wait 9 weeks when they should have done it as directed.
We read the witness statement and it is full of lies and nothing really about the children just what my partner has "apparently" done some of the lies we have proof with text messages etc

Should we still write to the Judge as planned? And arw we allowed to state that the statement is all lies with explanation and the offer of evidence to prove they are lies???

Everything we have done Inc his witness statement was just about the children we could have listed a number of things she did throughout their relationship that got her arrested etc but was aware not to be seen as throwing mud which is all her statement is.

Sorry to ask but as he is representing him self we were unsure if we are allowed to do that with her statement?

Thank you