can I request a delay to a first hearing re contact?

[freemanbatch]

I haven't had court papers but I've had a call from CAFCASS about my children's father as he has applied to the courts for contact with the children. His contact stopped when the police and children's services became involved so I'm not in a position to negotiate with him its no contact unless the court rules otherwise or I risk losing the children.

The reason I want to request a delay to the hearing is that I am due to give birth any day and the hearing is just over four weeks away. Our other two children struggled with weight gain in the first 8/10 weeks of their lives and the youngest was admitted to hospital for observation at 7 weeks old as she still wasn't back to her birth weight. There were no medical issues with either child or with me and they both started to gain weight once their father went back to work and he and his family were not insisting on their 'right' to take the children out rather than letting me feed them so it is thought that this baby shouldn't have the same problem as I am on my own and can feed the baby when I want to rather than when I am allowed to.

I have had lots of support from children's services since the police became involved and they have helped coordinate services to ensure I and the baby are closely monitored and well supported in the first few weeks and we have arranged ways for the older children's school and nursery to ensure that I am not tied to specific pick up times so feeding can be on demand until weight gain is established.

All the things that I had used the support of children's services to put in place were focused on me not having to leave the baby at all in the first 8/10 weeks so that I could do the very best to ensure the baby didn't suffer the same initial health issues as the other children and Children's services were happy with this plan and with the support/assessment plans I had implemented around the other children and they closed their case as long as the children were resident with me and not having contact with their father or his family.

The hearing will require me to leave the baby when it is really very tiny and as far as I can tell from CAFCASS they can't say how long it will be exactly which will mean messing around with the baby's feeding. I am concerned that not following the plan agreed with children's services will not only risk health issues for the child but also risk me being accused of making agreements and not following through with them but I have no idea if I can ask for a delay or if I am stuck with the date, I don't even know when/if I'll get notification of the date.

So does anyone know? can I apply for a delay of the hearing to take it outside of the 8/10 week risk period for the baby or not?

Hi

I don't know much about this but didn't want to read and run. I'm sure if you can't push the date back though the court will make allowances for you feeding/expressing, I might be wrong but I'm sure any professional body has a legal obligation for this.

Presumably the baby can go to court with you and wait outside so not apart from you for that long? If the baby is with you 24/7 apart from then it sounds like a very very different scenario as to when your others were born and there was interference for the in laws the whole time?

I have no one to look after the baby at the court and I'm not sure how I'd keep the baby away from the father so I'm not sure how that would go down either.

If I can't request a delay I'll have to find some way to sort it the best I can I was just wondering whether it is even possible to make a request or not as even if they don't grant it they may be able to advise on how best to deal with taking the baby with me.

Hopefully there will be a number that you can ring at the court. Can you google the court where the hearing will be held and have a look?

Can you approach homestart for some support with the newborn including attending the court with you?

I'll have a look an google and give them a ring or send a letter or something. It seemed odd to hear from CAFCASS before getting anything from court but I have no idea how these things work so I'm just going with it and trying to make sure I do what I need to and don't get myself in any trouble!

I spoke to my health visitor and the breastfeeding support people about maybe accessing homestart once the baby is born if I need any help during the week so it might be worth a try, thanks for the suggestion

If this is the first hearing of an application your ex has made it will be a short one (directions). You have to be served with the papers so you can see the application and are notified of the date. Has the cafcass rep told you the date / time / venue of this hearing?
I would contact the court and tell them what you have posted here. That you haven't been served but are aware of the application and won't be able to attend between x and y dates. Ask what you need to do to request an adjournment. Make sure there is a written record of what you are asking for and any reply. You might need to get your gp to write something in support of not being able to attend court . Good luck.

I would contact homestart now so your other dc and you could be allocated a volunteer and get to know them before your newborn arrives.

Thanks QueenQueenie.

Cafcass told me the date and the court but I don't know the time or expectations of me. Cafcass were surprised that I hadn't had anything!

It is the first hearing and having spoken to cafcass they said they would probably recommend things stayed as they are until a full report had been done so if its just going to be an hour then its probably not too much of an issue but its the unknown that's the problem I guess.

I'll try and get in touch with the court and ask the question, they can only say no after all and at least I might get some more details from them that will make it easier to plan for the baby.

You should receive at least 14 days clear notice of any hearing. Will you be representing yourself? Ideally, you should get confirmation of what you have been advised to do regarding caring for the baby in the first few weeks.

If this is the first hearing on the application it should not last very long. There might be a fair amount of talking going on before you get into Court but you would be able to have baby with you. You should also be able to ask the Court staff for a rom somewhere if you don't want to be in contact with the father.

I assume you are opposing his application? If so, the Judge/Magistrates will give "directions" for the progress of the case, such as the filing of any statements or reports.

I'm not sure about representation, I think I need to find out what it would cost to have someone represent me and then work out what's best, I might be best using the money later in the case.

I will be opposing the application its all I can do in the hope of keeping the kids safe.

Thank you babybarrister

I'll get something from my gp and do that :-)