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Interim contact before s7 report

10 replies

EmmyDA · 30/11/2021 21:30

Hello,
Judge has proven Domestic abuse physical and emotional as well as coercive control during relationship. S7 report ordered to be done by children's services given their intensive involvement. Report not ready so when they asked for extension, judge decided to consider suitable author for s7 and interim contact for next hearing... kindly advise on what kind of interim contact this might be given child has indirect contact only at the moment...

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gonnabeok · 30/11/2021 21:32

Interim contact could take the form of a letter or phone call to the child possibly.

EmmyDA · 01/12/2021 10:32

Thanks @gonnabeok

Since the 1st hearing, there was already indirect contact in place in form of letter/gift once a month. Does that mean that the judge is considering more than what is already in place?

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Sharletonz · 01/12/2021 13:12

It may get pushed up to supervised contact, it'll be a minimal 1 hour per week to start with..

EmmyDA · 01/12/2021 21:02

Thanks @Sharletonz
How can contact take place before s7 report especially when domestic abuse was proven? What if after s7 they don't recommend direct contact?! Children should be the focus and their safety and welfare should be priority, right? I don't understand...

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Findahouse21 · 01/12/2021 21:06

It is really really rare for children to be allowed no contact with a parent, even in cases of serious abuse. Obviously this is supervised but if would be unlikely for the judge to say indirect contact only as a permenant order.
It would also be usual for contact to be observed as part of the section 7 report, so 2 sessions over a month could be supervised by the social worker to inform their views

Sharletonz · 01/12/2021 21:08

Unfortunately as I've learnt through the family court, it's an abusers playground..
The starting point in every case is that the child has a right to a relationship with both parents, that seems to surpass everything else.
I would try and accept that he will eventually get contact at some point in the future..
Judges are duty bound to follow PD12J when there is domestic violence, any order for contact will take into account the safety of the child and resident parent.. The judge can consider increasing contact from indirect to supervised if their satisfied that in spite of the findings, the child is safe in an emotional setting.
Your cafcass officer would have to be unbelievable to make an indirect contact recommendation if there is currently supervised direct contact, courts usually want to move contact forward and not back.. However, if you do receive an indirect contact recommendation, expect your cafcass officer to take the stand and be cross examined by all parties counsel and the judge, they would have to throughly explain themselves.
Have you had a fact finding hearing?

Sharletonz · 01/12/2021 21:09

They're*

EmmyDA · 01/12/2021 22:30

@Sharletonz thanks
Yes we had the FFH in September then s7 was ordered and DA proven. We have a hearing in December to discuss s7... but local authority did nothing and now they r asking for cafcass to do the s7 not them... the judge now wants to decide on who will do s7 AND wants to consider interim contact?!
If there is indirect contact in place now, why the judge wants to go for interim contact (more than what's in place now!) IF domestic abuse was proven and a s7 must be carried out first ? Can they do that??

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Sharletonz · 01/12/2021 22:33

I think you need to reread my post above. Just because domestic abuse has been proven, it doesn't mean there is no contact at all forever. It will be taken into consideration when a final order is made, the judge can exercise discretion by ordering contact to commence in a contact centre if the court is satisfied the arrangement keeps you and your child safe.

EmmyDA · 01/12/2021 22:35

@Findahouse21 thanks for the post.
Yes I understand and I know sooner or later there will be some kind of direct contact.
I am trying to protect my child knowing what father is capable of and his threats to take the child overseas and he said I would never see again... many things

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