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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Is there an appeal procedure in apparently unjust decisions,

Resolved Question:

Is there an appeal procedure in apparently unjust decisions, based on lies of a parent?
Submitted: 3 years ago.
Category: 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.
Exactly what Orders are in place?
Clare
Customer: replied 3 years ago.

Equal Residency - 4 nights to the father 3 to the mother (my granddaughter) Previously mother's relatives did both puck-up and return.Pick-up and return now shared.

Case based on accusations that drug taking was involved, proved by G.P. to be false who had prescribed anti-depressants for post natal depression. The drug was not contra- indicated. My granddaughter was locked out of the house and denied access to the baby.

There were one or two minor bruises and abrasions which occurred during the time she stayed with her father, medics and police informed, but it was decided that there was insufficient evidence to prove neglect.

Bearing in mind the very young age of the little girl, now 16 months, she becomes extremely distressed. Health care professionals and the CaffCass lady were surprised and disappointed at the decision. They said"This little girl should be with her mother"

Another court hearing at the end of October.

Expert:  Clare replied 3 years ago.
Hi
Was a full Section 7 report prepared?
Clare
Customer: replied 3 years ago.

Yes It was prepared a full section 7 report. As I said there is another hearing in October.

Expert:  Clare replied 3 years ago.
Hi
Do you know what that hearing is called?
Was any evidence given at the last hearing?
Clare
Customer: replied 3 years ago.

Yes evidence given, not all read. The Final hearing is on 31st October, when all evidence will be considered. Just called the Final, I believe.

Expert:  Clare replied 3 years ago.
Hi
Ah so that is the Final Hearing and the current Order only lasts until then
Was any verbal evidence given?
Clare
Customer: replied 3 years ago.

Presumably, cannot say for certain that there was verbal evidence.Current order stands till 31st October.

Expert:  Clare replied 3 years ago.
Hi
I suspect that the last hearing was in fact a Directions hearing and the hearing on 31st October is the one where the parties will be cross examined - and the CAFCASS officer will also give verbal evidence
The Judge will then make the final decision about how the child will share her time between her parents
If the decision made is clearly out of line with the evidence then the mother can appeal
I hope that this is of assistance - please ask if you need further details
Clare
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