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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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i am representing my case for child contact order, what will

Resolved Question:

i am representing my case for child contact order, what will happen on the second court hearing where the s7 report would be available for the judge to read it. will there be more court hearings
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.

When the court receives a s7 report, there is a hearing to consider the recommendations made in the report. If both parties accept the recommendations, then the district judge can make a final order on that day.

In your case, I see from your previous questions that the report recommends no contact with your baby until your immigration status has been resolved - and obviously you do not agree with that. I've also seen that your wife has alleged that you bruised her arm and that is why she is refusing contact.

If the report is not agreed by both parties, then there will be at least one more hearing and possibly several hearings. What you need is the chance to prove to the court that you love your baby and that you can behave responsibly. Your argument to the court is that your baby needs to have the opportunity to get to know you, his/her natural father, and that as a general rule, it is good for children to know their fathers. But the baby can only get to know you if you are allow some contact even if it's supervised. Yoiu need to convince the court that the reason you want to see your baby is because you love him/her, and not because you want to show the immigration authorities that you have a family connection in the UK.

Therefore the ideal outcome at the hearing you've got coming up is that a final hearing is adjourned for say 3 months while in the meantime you see the baby at a contact centre ie your contact is supervised. If you turn up each time, on time, and behave well with the baby, you then have the chance to put right the bad impression given by being charged with assault. BUT a) the court may refuse to adjourn the case to allow you to prove yourself and b) even if the court agrees, your local contact centre may have a 3 month waiting list.

If the court refuses to adjourn the case, the next hearing after the one coming up will be a final contested hearing, with perhaps half a day or a full day of court time allocated. You will both then have to stand up in court and give evidence and the judge will have to decide whether or not you should have contact, and what sort of contact that should be. However, without recent evidence that you are good with your baby, your chance of success are not great, that's why if the court can be persuaded to let you see the baby in a contact centre for a few month, take up that offer.

I strongly recommemnd that you get some face-to-face legal advice. Here's where to find a specialist family lawyer:

http://www.resolution.org.uk/findamember/

I hope this helps and I wish you the best of luck.


Thanks and best wishes...


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