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What if..

2 replies

grumpychops1 · 23/08/2014 09:41

DD1 lives with one parent an DD2 lives with another, DD1 isn't doing very well with the parent, social services involved but she's old enough (11) to make the choice of where to live. Parent applies to court for contact of DD2, when interim access is put in place, parent refuses/fails to collect DD2. Concerns become bigger for DD1.
What would happen if SW suggested in the section 7 DD1 goes to live with the other parent? If the judge agreed at the directions hearing would it happen that day or would more court hearings be needed, more applications to remove the child for the resident parent?

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mumblechum1 · 24/08/2014 05:06

On the presumption that the SW/carcass officer recommended a change of residence the court wouldn't simply make an order at a directions hearing, which I think is what you're referring to, as that hearing would only be listed for 15 minutes or so.

If the parties don't agree, and they rarely do ime, the matter would be listed for a final hearing of about a day to give the court time to hear both parties' evidence and that of the SW including cross examination. Even then, the judge may defer judgement to give her/him time to decide.

grumpychops1 · 24/08/2014 11:44

Ah yes, completely forgot about defence, which leads to my next question.
What if the parent with DD1 cancels his application for contact with DD2, hearing still goes ahead but parent doesn't show at court?
Obviously SW will take a dim view of this as parent still refuses contact with DD2.

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