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Original poster

Any family law solicitors can help me?

16 replies

pippypoppypanda · 12/07/2007 16:21

I am due in court tomorrow for the 1st hearing of access between my son and his father. The court rang me this morning saying that the hearing had been cancelled because the family court advisor who his dealing with our case is off sick. I've just had my solicitor on the phone saying that the father refuses to have the hearing cancelled and now its going ahead anyway without the family court advisor. Can a judge who has never met us and doesn't know the background make a decision about whats best for my son in a 30 minute hearing??? Please help

OP posts:
Tortington · 12/07/2007 16:23

i think mumblechum may - MAY be able to help

Original poster
pippypoppypanda · 12/07/2007 18:00

does she come on often? any advice would be so much appreciated im so worried

OP posts:
Original poster
pippypoppypanda · 12/07/2007 18:15

im just bumping this out of desperation sorry!!!!!

OP posts:
HappyMummyOfOne · 12/07/2007 19:26

I'm not up on family law but do go to other court cases on behalf of my employer.

On the cases I have worked on I have had a number of different judges - they do have the paperwork beforehand and chance to review it and never seem to have any problems with different judges taking over. They may ask a couple of questions but are usually upto speed.

If this is your fist appearance at the court, I cant see having a different judge making any difference. The paperwork submitted to date will be reviewed and both parties (or solicitors) usually have the chance to put forward what they both want - unless there has been violence or any other serious factors the courts will come up with an access plan.

I'm sure you'll get some more posts later from those who have been through this or have experience in family law.

Original poster
pippypoppypanda · 12/07/2007 19:56

The court actually cancelled this hearing tho because of the family court advisor being off work. Surely they wouldn't have bothered if they could go ahead without her anyway?? We have both had private interviews with her and she was the one who is supposed to give her opinion to the judge.

OP posts:
Surfermum · 12/07/2007 20:07

I'm not a lawyer, but dh has been through the court system to get a contact order for his dd.

He had several hearings before the final one, so I would have thought it unlikely that this would be it - unless of course the two of you have come to an agreement about the level of contact and the Court just need to rubber stamp it.

I'd imagine that it would be preferable for them to have the court advisor there to answer any questions about their report - but maybe it is possible for them to proceed and base their recommendations on the report.

Is your son having any contact with his father at the moment?

BetsyBoop · 12/07/2007 20:11

I think the CAFCASS officer normally writes a report for the judge? They will use this if she is not available. However i would have thought the judge would adjourn the hearing if he feels there is information missing that he needs to make a fair decison?

Original poster
pippypoppypanda · 12/07/2007 20:33

He has him on alternate saturdays and sundays every week at the minute, he is only 7 months old

OP posts:
Surfermum · 12/07/2007 20:40

Do you know what the report is recommending? Is his Dad asking for more contact than the one day per week? Sorry, lots of questions, it's just it's a little hard to comment without a few more details.

chipkid · 12/07/2007 20:49

I am a family law barrister. I would be gobsmacked if a Judge preceeded in the absence of Cafcass if you wanted her to attend for questions to be put to her. You cannot have a proper hearing in the absence of a pivotal piece of evidence.

My view is that the judge will adjourn your case until Cafcass can attend. Your ex is wasting his and evrybody elses time. You should have a very short hearing!

Original poster
pippypoppypanda · 12/07/2007 21:20

Thats what I thought Chipkid I couldn't understand why the court cancelled the hearing then to retract that when he spat the dummy out and stamped his feet. I think he's trying to get to me more than do whats best for our son.

Yes Surfermum he wants him all day every sunday and overnight stays on a wednesday. I have gone back to work on the days he goes now and don't feel comfortable with not spending time with him every other sunday because its always been a family day in my family and we do things with his grandparents every other sunday which I think is fair. As for overnight he has never been away from me and is still in my room at night, he's too young to be away from me

OP posts:
Surfermum · 13/07/2007 08:44

Oh good, someone who is qualified to comment!

Good luck today .

chipkid · 13/07/2007 09:02

let us know what happens. Good luck

Original poster
pippypoppypanda · 13/07/2007 18:09

Thanks. Well it was adjourned until the family court advisor can attend and until we've had a chance to mediate with her present. It's such a relief the judge was really nice and we were only in for 5 minutes!

OP posts:
chipkid · 14/07/2007 09:20

so glad it went well. Judges can be really kind-looks like you have a nice one. Cafcass will help you to come to the right decisions for you and your child. Good luck.

Surfermum · 14/07/2007 09:49

That's good news. Hope you can sort something out at mediation and it doesn't drag on too long .

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