Contested final hearing

[Morecoffee89]

Just need a bit of guidance. I am going to be having a contested final hearing with my ex, I had requested that the cafcass officer who produced the section 7 report be in attendance however the judge has declined this and asked for submissions and/or minimal evidence.

Why would she not allow for the cafcass officer to be in attendance? And is there anyway to get her to reconsider?

Bump

Anyone?

No experience of this, sorry. Hopefully someone who knows will be along soon

Is there a particular reason you want them there?

Wanted to ask them some questions with regards to the report they produced. But also worries me why the judge doesn't want them there.

Are you challenging the recommendations they made?

And are you sure this is actually a final hearing? How long is it listed for?

At our final hearing the senior Cafcass officer - who also our dc's guardian - was there. Tore strips off him(well my barrister did) and he admitted he had based his entire report in 'facts' directly from exh...
Exh lost his case.

Have you discussed the report with your legal team?

@Collaborate it is a final hearing listed for 3 hours. I am not challenging the recommendations, my ex is, however the court has said there are no safeguarding concerns but mention a level of risk to dc, so I wanted to question that.

@Sunnydaysstillhere yes I have and they said we can raise our questions in my statement but still if the cafcass officer isn't there it won't really help.

I just fear that the judge is going to go against the recommendations as she doesn't want to hear from the cafcass officer.

The judge should not go against the recommendations of cafcass without the author of the report being questioned. Either there are no firm recommendations (and no one is challenging the cafcass analysis of the situation - for example the sole issue is where the drop off point should be, or whether there should be an extra week of holiday time where there are no welfare concerns) or there is potential for the order to be appealed against because one of you can claim they weren't given a fair hearing.

BUT (and it's a massive but) I know nothing about your case, so you'll have to make an appointment to see a solicitor if you're that concerned about it.

it is highly highly unlikely for a judge to go against a guardian's recommendations.
they are 'the eyes and ears' of the judge....if they are not called it and recommending in your favour i would not be worried personally.
but yes take legal advice.

i have the opposite problem....am fighting against the guardian's recommedations.... who has been called to court. yuk