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Directions hearing.. family court

10 replies

Whattodo112222 · 04/06/2023 18:46

Hi. Been in proceedings for 3 years. Domestic and child abuse has been proven at a fact finding. Father has had only fortnightly supervised contact in contact centre. We have had a section 7 and psychological assessment both of which have said unsupervised is unsafe. Now have a Guardian. We have been listed for a directions hearing at the end of summer with a 4 day final hearing where psychologist and Guardian give evidence in addition to myself and Father. Is contact likely to change at the directions hearing or not? Is it likely to stay as it is?

OP posts:
BingandSulaandFlop · 04/06/2023 19:34

I'm not a family lawyer, but generally a directions hearing is just to set the timetable for trial. So witness statements to be filed by x date etc. It's unusual for decisions to be made on the case itself. That's what the trial is for.

Crazycatlady83 · 04/06/2023 19:39

Have you got a lawyer?
Nothing can change at the directions hearing unless you agree to it. A Judge has to hear evidence to impose an order on parties and they wont be able to do this at a directions hearing. That's what the final hearing is for. The directions heading will merely be listed to make sure all the evidence is in so the final hearing can be effective.

Eileen101 · 04/06/2023 19:40

The directions hearing is for the judge to set the timetable to final hearing, not to deal with contavt arrangements - that will be at the final hearing.

Cupcakegirl13 · 04/06/2023 19:40

No decisions will be made regarding the case, it will be to ensure it is all on track for the final hearing.

Whattodo112222 · 08/06/2023 14:14

Is he able to put a case in at the directions hearing for contact to change? or would that be pre-empting of the final order?

OP posts:
Collaborate · 08/06/2023 14:48

Whattodo112222 · 08/06/2023 14:14

Is he able to put a case in at the directions hearing for contact to change? or would that be pre-empting of the final order?

A judge can always make an interim order at a directions hearing but if the s7 and the psych assessment are all saying supervised only the guardian won't deviate from that and the judge won't.

Mechanics of supervision may change upon request if needed, eg change of supervisor, timetabling or venue.

Whattodo112222 · 08/06/2023 15:03

Collaborate · 08/06/2023 14:48

A judge can always make an interim order at a directions hearing but if the s7 and the psych assessment are all saying supervised only the guardian won't deviate from that and the judge won't.

Mechanics of supervision may change upon request if needed, eg change of supervisor, timetabling or venue.

Thank you that's helpful. @Collaborate could I ask, what do you think are the chances of the Guardian agreeing with the psychological assessment. The psychological assessment says contact should remain as supervised but long term it should be revoked and should be indirect.. the Guardian recommended the psychological assessment when she wrote the section 7. Could she go against this completely? Thank you.

OP posts:
Collaborate · 08/06/2023 15:09

Whattodo112222 · 08/06/2023 15:03

Thank you that's helpful. @Collaborate could I ask, what do you think are the chances of the Guardian agreeing with the psychological assessment. The psychological assessment says contact should remain as supervised but long term it should be revoked and should be indirect.. the Guardian recommended the psychological assessment when she wrote the section 7. Could she go against this completely? Thank you.

The guardian is unlikely to go against the recommendation of the assessment they requested. If they do disagree then they will have to thoroughly explain their reasoning.

Whattodo112222 · 08/06/2023 15:15

Thank you @Collaborate you are so helpful.
I know she believes supervised contact has been positive to date as the reports have reflected this, but the severity of the abuse that led to proceedings was evidenced at the fact finding with quite significant findings made against the father.
Does it end up unsupervised in severe abuse cases - I know that is a how long is a piece of string question, but in your experience? I am so worried about it all.

OP posts:
Collaborate · 08/06/2023 15:54

I can't answer that. Each case is different.

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