Family Court - Disaster

[TQBD]

What a disaster! I’d really appreciate any advice on this.

I’ve previously posted before as we were making an application to the courts to formalise both children living with us following allegations of DV towards the other parent (and one child) by parents partner. Children were previously named in an order sought by the now resident parent to have regular contact.

Court day arrived, and other parent was self representing. On arrival presented a personal statement - this was explicitly stated as not required or requested in the court hearing paperwork.

The statement ultimately concluded that parent would be happy to accept the new living arrangements and laid out contact preferences. This was what we intended to offer so assumed it would be subject to final order and concluded.

The judge however allowed the personal statement into court, and as such has refused to accept the agreement, ordered a Cafcass section 7 and handed down an interim order.

The concerns laid out are entirely not factual, and can be evidenced as such.

However, now the worry is that any agreement is off the table and ultimately the courts will now decide.

Can anyone offer any advice on challenging this decision or how to progress. We’d hope to have this sorted but now will have it hanging over us causing distress and unsettling the children until Christmas.

What are the current living arrangements? Do they differ significantly from interim order?

If there is dispute a judge will order Cafcass report and whilst that is scary there is nothing to stop it now.

How old are the children?

Children are teens.

There was an agreement at court - however, because of this unasked for personal statement, the judge ‘had concerns’ and refused to accept agreement, ordered the section 7 and basically handed an interim order which was what parents had agreed and wanted in a final order.

The letter from court explicitly states that NO personal statements are required, so I’m a bit confused as to why judge allowed and has given it so much weight.

Current living arrangements are as they were. Children with us and contact agreed with other parent.

If one party self represented, did the other side have representation?

I've been through the family courts and represented myself. My ex had a Barrister.

The paperwork said similar e.g no personal statement required etc but I wanted to give myself the best possible chance to get the right outcome in court.

So I prepared one, handed it in when I arrived at court and actually, the judge looked on it favourably as it was an opportunity for me to pen my thoughts without emotions running high. It was relied upon several times during the hearing.

I suspect it's to give those representing themselves a fair chance and whilst the outcome isn't what you'd hoped for, the fact you got the interim order similar to what you wanted makes be believe it could be a case of "rubber stamping" the order when you return to court.
That's what happened to me.

If any party raises concerns then a Judge has to look deeper by asking Cafcass to review as it could be a safeguarding issue.

If the dc are teens and the care arrangements work the judge is likely to go along with Cafcass report.
I don't think it means disaster just a delay finalising order and one more step.

I know it might feel unnecessary to you but a Judge has to delegate concerns to Cafcass.
Court, as I am being told by solicitors is a roll of the dice, down to the Judge on the day. Another Judge may have assessed the concerns and decided all ok but hard to know because not sure what the concerns were.
To reassure you, had you put in a statement I don't think it would have acted as a counterbalance but in fact made a Cafcass review more likely.Any parental dispute/concern will trigger Cafcass.

What are your fears? An interim order that you have plus dc wishes is likely to be the outcome, even if it means a few months delay.

I think my fear is that it prolongs it for the children - one especially feels very guilty that a parent has been left. This has escalated since that parents partner has left as a result of the accusations both children have made and as such child feels responsible.

I’m also concerned about the false statements made and the evidence we will now have to submit to mitigate. This is something we’d rather not raise, as it doesn’t do anyone any good.

We understood the other parent would have legal representation as had indicated they had sought advice, but on court day, they self represented. The statement was full of false statements which we will now have to put evidence forward to show are untrue which obviously will put paid to any hope of a civil co parent set up going forward.

All in all, it’s not having a positive effect on the elder child and my view is that they need closure by way of an agreement which parents had reached but sadly, judge felt the statement held weight.