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Nicola-mod
Nicola-mod, Moderator
Category: Family Law
Satisfied Customers: 11
Experience:  Moderator
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In a first hearing the judge stopped one of my weekdays contacts

Customer Question

In a first hearing the judge stopped one of my weekdays contacts with my son, even though he said to the appicants solictor that there was no evidence and ordered a cafcass C7 report. The judge gave no reason for stopping the contact. The applicants C100 was very negative about my care of my son stating he is returned distressed, bruised etc.

After this hearing I wrote to court outlining errors and incorrect information within the applicants documentation. In total there are more than 10 statements that can be shown to be incorrect. Court wrote back these would be heard 'on hearing' for the applicant to respond in the next direction hearing. In the hearing once the CAFCASS report was received these were not heard. The CAFCASS report was all positive.

When I asked for my day to be reinstated in the hearing Judge said initially he could not and when I questioned this he then said as he did not know why the judge had stopped it he would not instate it.

I want to appeal against this decision for my day not to have been reinstated and also ask for the incorrect and misleading statements to be addressed in court. Are these possible.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
How old is your son, what contact were you having and what was ordered at the last hearing?
Was that a final hearing or is there a review date already set?
Claire
Customer: replied 3 years ago.

Dear Claire


 


My son is 2 years old.


My contact was 4 times a week before the mother started to use the court to delay/reduce my contact.


 


Now it is twice a week, on a sat (9 to 4.30) and Wed. (4-6.30). It was meant to start another week day for the same length.


 


In the last direction hearing it was ordered that we will both file statments (1) on the issue of contact and this will now be heard in a family mgistartes court and that (2) the second week day contact would not start .


 


Richard

Expert:  Clare replied 3 years ago.
Hi Richard
When is the next hearing?
Claire
Customer: replied 3 years ago.

Hi


 


There won't be a hearing but directed to 1.5 days in a Family Proceedings Court at first available date from 11th November.


 


Regards


 


Richard

Expert:  Clare replied 3 years ago.
Hi Richard
There is no point in appealing against the last hearing as it was simply a directions hearing at which no substantive order could be made in any event.
Your chance to argue for the return of your day and to address the inaccuracies in her comments and allegations will all be addressed at the final hearing - and of course covered in the Statement that you will file before then
I hope that this is of assistance - please ask if you need further details
Claire
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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