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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33310
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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The Contact Order children changed from supervised

Customer Question

Hi, The Contact Order for the children changed from supervised to supported contact, it is only interim until the final hearing, but I am not happy with it and I want to apply for further directions to call an Expert Psychiatrist to assess my ex, as well as ask for further directions to get an Addendum report by CAFCASS. Which forms do I use? Is it the C100 to vary the order? Or which other form I can use to request Further Directions, is it the D11 (the application notice) and for the Expert is it the C2 form? Can the judge change the interim order back to the supervised if he think that his decision was not in the children's best interest? Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
When was the Order which led to the change made?
What did CAFCASS suggest?
How old are the children and what is your concern about the change?
Clare
Customer: replied 1 year ago.

Hi, its a bit comicated! Father has mental health problems, was seeing the boys supervised, but the contact deteriorated over the 7 sessions,as he wouldn't give them their cars. Last contact report was not seen byCafsass when they made section 7, in that contact the support worker had to intervene to set boundaries. Cafcass said we can step down to supported, but they did not see all the psychiatric reports. He was discharged from mental health, but this is a long term problem with a personality disorder, I want Expert Psychiatrist Report and interim super ised contact until final hearing. I m using the C2 form to request expert report and ask for further directions. What advice do you have? Thanks

Expert:  Clare replied 1 year ago.
Hi
Who is providing the supported ocntact?
Clare
Customer: replied 1 year ago.

A contact center HOPE in Bromyard, which we have to pay for, moy Cafcass.

Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay
It seems that the supported contact is actually provided in an expert setting which could be a problem in terms of your application.
If you are determined to go ahead with the application you will need a report from the Centre supporting your request for Supervised Contact to continue.
Without this it is likely that your application will be doomed to failure as sadly and unfairly you will simply look like a mother doing everything to stop contact.
With regard to the report the starting point is to be clear about the reason for the report.
Given that it appears that the fact that he has Mental Health issues is not disputed what extra information will the report give and how is it related to the issue before the court.
A clear and well reasoned (but short) explanation will go a long way to ensuring that the court listens carefully to your request.
You also need to consider how such a report will be funded - if neither of you are on legal aid are you willing to pay for it fully yourself?
Finally identify two pr three potential experts and have copies of their CV's available for both Court and the Other side
I hope this is of assistance - please ask if you need further details
Clare

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