What type of allegations can lead to a Finding of Fact hearing being directed?
My DHs exW (of five years) has applied to discharge a current contact order for DHs DS and replace with a no-contact order. In the first hearing, she told the magistrates that DH was emotionally abusing her and the DCs and had done since they split. At that point, CAFCASS hadn't done a Schedule 2 letter (the paperwork was mucked up because the application was submitted on the wrong form) so DH is due back in court in a few weeks after that has been done. He and his exW spoke to CAFCASS separately before the last hearing and he is expecting to speak to them again by phone before the next.
Assuming that DHs ex continues to allege EA, will CAFCASS suggest/recommend a FFH to the Magistrates? DH said the magistrates were a bit clueless and were corrected by the Clerk and CAFCASS about procedural things several times. I doubt they'd think of an FFH themselves by the sounds of things.
I've read that if the Court does not direct a FFH in cases where DV/abuse is alleged, the reasons why not have to be recorded on the order. Would DHs exWs statement in court be considered an allegation? On the application she referred to manipulation/blackmail rather than abuse.
DH has given up hoping that he'll see his DS again and just wants to try and ensure that the right emotional support is put in place for him - he's hoping that CAFCASS will eventually be directed to do a Section 7 report so that they see things like the schools safeguarding file on DS and speak to DS other carers, not just Mum and Dad.