First court appearance

[laney15]

So i have my 1st court appearance soon im also waiting for the cafcass phone call. Any advice? Do i explain what id like contact wise?

It’s not want you want, children aren’t possessions.

It’s what’s best for the children.

You can make a suggestion of what contact you think is best, times and days.
It's best to be prepared with a plan moving forward, otherwise the judge may make a decision if you do not have any options.
How old is dc?

Northernspirit, give her a break. Parents do have to explain what they think is best for their child. Jumping on semantics isn't particularly constructive.

OP, you'll have a short conversation with Cafcass on the day. Make notes before hand as it can be easy to forget key points.

Do you have representation? If not, you'll probably be asked questions by the bench of magistrates so they have an understanding of your position. Depending on your circumstances, you may need to have a final contested hearing at a later date.

Try and keep calm and refer everything back to your child's welfare and why you feel your position is reflective of their best interests. Take a look at the welfare checklist in the Children's Act as these are the principles that the bench use to decide on cases

Best of luck

Thank you. I do have representation as there was domestic abuse in the relationship. Little boy is 18 months old.
And i never said what i want i said what id like for my child ie his basic needs taken care of!!! Nappies changed , fed properly, no abuse in front of child infact not at all, also a contact email rather than having to talk and get abuse. Our son to be picked up at correct times not as and when he wants to!! Also he has never had day to day care of our son its always been me, hes never ever done a night feed either. So i am look at the best interests of our son.
I have my list for cafcass too. Main points on why contact stopped etc

1st court appearance involves a chat with cafcass officer. There will be no magistrates involved. Go well prepared with what you think is in best interests of the child. Unless there are safe guarding issues they will usually advise a certain level of contact uncluding overnight with nrp. Good luck.

2018newstart, I had magistrates at my first hearing. Thought this was standard

Yes, most children cases start in front of magistrates. The cases are allocated on issue, the initial gatekeeping order identifies what level of judge is appropriate.

My first time at court we were took in front of a judge only so she could explain procedures then cafcass officer took myself and my STBXH to a separate room to discuss what we both though was best for children (we both disagreed) so we went back in front of judge who set a date for court in front of magistrates. (Again though it was primarily agreed out of court between solicitors and magistrates just rubbetstamped our agrreement). Perhaps it's different in different areas?

Well the rules governing allocation are the same everywhere, but gatekeeping decisions take into account local availability.

Also that may have been a magistrates court district judge (a stipendiary magistrate) who sits solo, being a qualified solicitor or barrister now working as a paid judge. Or it may not have been a judge at all, but a Legal Adviser (used to be a magistrates clerk) who is a qualified lawyer who advises the lay bench, and who has power to make directions like listing before a bench, but not proper orders.

Thanks for your replies. I dont think we are going to agree, hes not seen our son since jan , and our son is very clingy to me ive had advice from health visitors about it too. He screams if he doesnt know anyone and i have a feeling he will do this with his dad so contact needs to be built up. Over nights will be a no no as ex has never done any overnight and our son has always co slept with me as the ex couldnt be bother he used to say you have him you know he wont settle for me. He has made a rod for his own back by not building a bond with our son while we were together and alot of our arguments were to do with the fact he never bothered with our son he left it all to me 🙄 but now he wants to act like dad of the year. He needs to think about our son and not say well he will will have to deal with it!!

Presumably your solicitor has advised you about all this, though?

You need to tell all this to CAFCASS when they call. Have you completed a C1A? (A form setting out your allegations of violence and your other welfare concerns)

Ive not filled any form out my solicitor knows all the details im.assuming shes doing it, my phone call is next wednesday.