S7 report and fact finding hearing

[Pyrotechnical]

I’m hoping somebody can advise me as I’m self representing during CAO proceedings.

CAFCASS has just released their s7 report which recommends no direct contact with NRP due to allegations of domestic violence. There is a statement that says the court may wish to hold a fact finding hearing regarding these allegations.

We are due in court soon, I presume for a decision to be made following the s7 report. The case has already been moved to a district judge due to the complexities involved.

Will this hearing be used as a fact finding hearing or will a separate date be set does anyone know please? I’m not sure if I should start gathering evidence for this hearing or wait to find out the court’s decision first?

The next hearing won't be the Fact Finding. If the Court decides there needs to be a Fact Finding, then directions will be set leading up to it.

You will need to prepare a Scott Schedule setting out the nature of the allegations and any evidence you have to support them. He will then reply formally by completing a separate section in the Schedule.

The Court will then hold the FF, and each of you would give evidence. The Judge will then decide whether s/he accepts or rejects each allegation.

It's likely there'll be a further, final hearing at which the Judge will impose an Order.

Lots of luck.

@HelloBrass thank you so much for your reply - I hadn’t even thought about how I would need to present the evidence or how a FF hearing would work so this was really helpful.

Only prepare a Scott Schedule if the court directs.

Yes, at the next hearing directions will be given as to what needs to be done next. You might be asked to prepare a schedule but you don't need to do it in advance. If he accepts there is to be no direct contact then it won't be needed.

Usually if CAFCASS have enough to go on to make a recommendation there isn't a need for a fact finding hearing, so wait and see. Remember CAFCASS aren't lawyers!

Despite the recommendations by CAFCASS, supervised contact was ordered although I did agree with this. The court would not order a FF hearing as I was in agreement about supervised contact.

My issue now is that I don’t want him to have unsupervised contact until he has done a DV perpetrators course and has addressed the other safeguarding concerns- basically when I can be sure he won’t cause harm to the children.

It felt to me that the supervised contact was being made with the idea to progress to unsupervised and eventually overnight contact but I worry that this will happen without him being asked or forced to address the issues, particularly without the allegations being tested in a FF hearing. I have lots of evidence of what I am alleging as well.

Will I likely get an opportunity to raise this before contact is progressed?

Will I likely get an opportunity to raise this before contact is progressed?

Yes.