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Can judge make decisions anytime throughout the child arrangement proceedings?

6 replies

MyFirstPatrik · 19/10/2022 14:56

Long story short, we have been in court for year and a half now. It was going pretty smoothly (all we were waiting for was a final hearing back in February) until police reached out to me couple of months before the final hearing. I was accused of horrible things,that is when all started. Since then each month he comes up with new allegations, horrible ones, including children...he reported me to MASH, but neither the police or social services have any safeguarding concerns against me,so they are not investigating. Court has suspended his visitations from the very first accusation he made. (Last year December) He just had a psychiatric assessment/ were he even says he has thoughts sometimes of killing me and my family, cuz we are "abusing" our child... psychiatrist also said his allegations are "delusional in nature".

2 hour long hearing is scheduled for december...do you think the judge can close the case anytime during the proceedings or does it have to be a final hearing?

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Whiskeypowers · 20/10/2022 18:07

There needs to be a final hearing where judgment is delivered in view of all evidence assessment of it and parties / any professional opinions court has ordered etc

at you at dispute resolution hearing stage? Has there been a finding of fact or has judge deemed one necessary (laws around this have changed in terms of decision re appropriateness to hold one in relation to child contact : domestic abuse ) have to say his behaviour sounds unhinged?

have you got CAFCASS or LA involvement and assuming there is a s7 report / welfare concerns

Whiskeypowers · 20/10/2022 18:09

The final hearing should result in judgment delivered on the day or reserved judgment

sometimes judges order written submissions from counsel if oral ones can’t be fitted in to the attended/ virtual hearing meaning a separate hearing for delivery of judgment will be required. I had to wait a short while after my final hearing for this not too long

MyFirstPatrik · 26/10/2022 21:04

Well, we already had all of the above I mean dispute resolution hearing ...and cafcass was involved in the beginning but he said he has no safeguarding concerns about me. We have submitted 3 position statements, with no concerns and was just waiting for final hearing when he suddenly out of nowhere came out with all the allegations (actually he said he started meditation and that is when his apparently "suppressed " memories came back all of the sudden 🤷‍♀️) since then its just short hearings,psychiatric assessment, paternity test (as he suddenly thought he might not be the father 🤷‍♀️)...but my solicitor says it is going to be probably a fact finding hearing. I just wanted to know if there is any chance the judge makes decision on that hearing...

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TizerorFizz · 27/10/2022 17:31

@MyFirstPatrik
This was published in May 2022. Look up the whole document. I don’t think the judge will make a judgement on your case at fact finding but it could be an important stage towards final judgement.

Can judge make decisions anytime throughout the child arrangement proceedings?
ThingsIhavelearnt · 27/10/2022 17:34

It will be a section 7 fact finding investigation etc

MyFirstPatrik · 27/10/2022 20:47

'28. If ‘new’ evidence relating to past events is presented, ask why it was not available or disclosed before. If no good reason is advanced, then you may refuse to admit it. The more significant the evidence is said to be, the more compelling the explanation needs to be for its late receipt.' - last point. That was a useful link, thank you!
I guess that is were we are heading. Another 6 to 12 months waiting... I just can't get over the fact that he now wants my son in Foster care for no reason....
Thank you all for help and advice... I hoped it won't be, but it is indeed a never ending story....

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