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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have received a court hearing for a contact order. I have

Resolved Question:

I have received a court hearing for a contact order. I have not been interviewed by cafcass, what should I expect on the day. I am the full time main carer of child?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child, what contact is the other parent having, and what is being asked for?
When is the hearing?
Clare
Customer: replied 3 years ago.
Hearing is on 1st may 2014. Child is 5 month old and the father left when she was 3 month old. He has no contact at the moment however I allowed supervised contact on one occasion with family. He is threatening for full custody and doesn't agree to supervised access so no contact currently. Thanks
Customer: replied 3 years ago.
Order Children Act 1989

Upon the Courts own motion
The Court Orders
Expert:  Clare replied 3 years ago.
Hi
have you offered contact at a local contact centre
What Orders has he actually asked for (front page of the C100 form)
Clare
Customer: replied 3 years ago.
I haven't received anything other than this letter stating the hearing. No C100 form? I offered supervised access through a centre but he doesn't want to commit to that and wants the child to be alone with him. I don't trust him alone with her so won't allow this as she is so young.
Expert:  Clare replied 3 years ago.
Hi
So all you have is the Order from the court setting out the date?
Did that come direct from the court?
Clare
Customer: replied 3 years ago.
Yes that's all I received. I have now call the court and asked. I've been told the applicant should have served me directly with the papers which he hasn't?.. Was he thinking I would not know and not attend the hearing? So he can have full custody? What are was likely to happen if I wasn't aware and didn't attend the hearing? He made the application 2 weeks ago I have been told.
Expert:  Clare replied 3 years ago.
Hi
He does indeed have to serve you directly - and he still has time to do so
However it would help you if you ask the court to send you a set of the papers anyway as you will not rest until you have seen what he is actually asking for
If he had not served the papers on you the first hearing would have been adjourned so that he could prove that he had done so.
About a week before the hearing you will receive a telephone call from CAFCASS (assuming they have your correct number) and they will ask you about the position and your concerns
You should tell them that you are happy to offer weekly contact at a contact Centre so that he can get to know the baby and learn how to care for her and that you will review this once he has established a relationship with her
Since this is a very sensible offer then this is what CAFCASS are likely to suggest will happen - it will then be up to your ex whether he accepts this or not
You can read more here
https://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
I hope that this is of assistance please ask if you need further details
Clare
You can read mor ehere
Customer: replied 3 years ago.
He mentioned last week he has interview with CAFCASS soon, but not mentioned the papers he should be serving me with. My concerns are he has made threats to lie to any extent to get what he wants. He has blackmailed me with irrelevant things. Such as if I don't allow him to have her 2days alone he will do this or that and will fight full custody. What are my options as I am worried about. My baby's welfare. Thanks
Expert:  Clare replied 3 years ago.
Hi
Please do not worry
He thinks that he is being clever - but he will find out that in fact he cannot win this way
You have made a reasonable offer of contact - simply stick with it
Clare
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