Family court advice please

[Westcountrybelle]

Hi. Hope someone can offer some knowledge on this matter. I've been summonsed to the family court again over a minor change that my ex wants to make to the contact schedule. The current and first schedule was put in place about 2 years ago and has worked fine since then, with a few negotiations and mutual agreements along the way.
Although I know how the previous hearings went, can anyone tell me what to expect from this new hearing? My ex has brought the hearing and has therefore put his point of view to the court already in the form he submitted. When do I get to tell my point of view, and how? Via a form before the hearing, through speaking to Cafcass in a phone call a few weeks before, or only on the day in court? I will be self representing.

Presumably it's a short hearing in front of a District Judge or a panel of Magistrates. Does the Order give a time estimate?

Chances are that the first hearing is for directions. You will need to speak to Cafcass at some point before the hearing. If you can agree the change before,then you won't need to have a long hearing. The court will only be interested in what is best for your children.

In other types of court hearing you would send the court and your ex a written statement signed by you setting out your position well before the hearing - not sure about family cases but surely that would do no harm?

If you oppose the changes and can articulate clearly why they aren't in the best interests of the child then you'll need to put forward a position statement, sent to your ex and to the court in good time (at least 3 days) prior to the hearing date. The court may then determine whether CAFCASS needs to become involved.

The position statement should state your name and the name of the child you represent. For each point your ex brings up on his form, you'll need to list these separately (numbered paragraphs) and say for each of them why you oppose them, or where you agree to a change.

It's sad that your ex has to use the courts and that you can't discuss it between you but I know from 3 years of bitter experience that this isn't always possible when one party is stubbornly determined to get their own way, at whatever cost. Good luck.

Thanks for the replies. The timetable says we'll have 30mins with a CAFCASS followed by 30mins in front of the judge.

We wrote a position statement before the first hearing when the court order was established but for this hearing to make an amendment I haven't been offered a chance to give my views or write a statement.

Will the judge will make a decision there and then, will he direct us to mediation, will I be cross examined by my ex's barrister, do I get a chance to speak and explain my reasons against the changes? I'm not clear how these things progress and want to know how best to prepare for it.

Thanks for any help you can give.

It is really hard to say what might happen without knowing what is being asked for, but I understand you don't want to give details. The form your ex has filled in is usually very limited so you don't need to submit anything in advance in order to have your 'say'. Hopefully you can work out some kind of compromise with the CO. To vary an order that was made in the interests of the DC's it would have to be shown that something has changed from the original situation, is that the case? Or is it based on the DC's being older so the original order is no longer appropriate?

My DH went back to court to vary an order (to include holidays for DSS). It was fairly similar to the first application; his ex objected, the judge asked CAFCASS to do a report on the wishes and feelings of DSS, CAFCASS recommended what DH was asking for, both DH and his ex submitted statements, judge ordered what DH (and DSS) wanted.

So going by that you will have a chance to explain your reasons at the directions hearing and subsequently in a statement.

DH self-repped and he always found it very helpful to right a position statement for his own reference, just to keep his points clear and not forget anything. It was much quicker to deal with the amendment than the original order, so perhaps if it is only some minor changes it will go through faster?

Thanks balia that's really helpful.

The changes are not based around a change of situation or because the child is older. It's just that my ex doesn't like some of the things in the original court order and wants them amended. In truth they are only minor changes but they do not in my opinion improve on the original court order so I am standing my ground. I will also be self-repping.