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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a family case. The court gave directions and requires

Resolved Question:

I have a family case. The court gave directions and requires documents to be filed by 12th December. I need to ask the court for an extension of the date for filing due to the fact that there is an event coming up that is significant to the case. Which form do I use to ask for this extension.
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.
What is happening that means that the current documents should not be filed?
Clare
Customer: replied 3 years ago.

This case involves an application for a child arrangements order S8. The Judge ordered that "parties exchange statements of their evidence by the 12th. There is a Child Protection process in place and the Local authority had scheduled it for march 2015. This was changed to 7th January 2015. I need to ask the Court to defer this 12th exchange of documents till after this case conference as it seems that the Local Authority wants to make a decision if the children need to be under this any more. I need to know which document to file to request this extension. I have received the document on the 8th December from the Local Authority detailing the change of date of this case conference.

Expert:  Clare replied 3 years ago.
Hi
I assume that the Family Court is aware of the ongoing Child Protection issues - so is this delay truly necessary
(I ask to assess the likelihood of success which is as important as knowing the process)
Clare
Customer: replied 3 years ago.

The Court would not have known about this matter as it was decided a few weeks (18th November) after the date that the directions were made.

Expert:  Clare replied 3 years ago.
Hi
So at the time the case was last before the court the Social Services had not been involved with the child/children?
Clare
Customer: replied 3 years ago.

They were but there was a controversy about the Section Seven and the Judge required the Social Worker to explain her report and in particular why she seemed to be making allegations without providing proof. The council has then issued a letter saying they want to reconsider if the children are at risk and called the urgent Case Conference.

Expert:  Clare replied 3 years ago.
Hi
Whilst I can see that the outcome will be of significance how will it change your statement of evidence?
Clare
Customer: replied 3 years ago.

I have no way of answering this question as this matter and the evidence issues are complicated by the facts. From the outset the matter was based on a controversy in which the police intervened which gave basis for the removal of my son to his mother and the case conference. The police side turned out to be a fraud. The case conference was based on the police investigation that I was a pedophile. The case conference also followed claims from the mother that I was involved in domestic abuse and that the children where in fact at risk of emotional harm. None of that was true. After prolonged argument the Council appears to be withdrawing from th case regarding the matter of the apparent danger to my children. This leaves the issue of where the children should live. I would like to have a clear idea what the Case Conference will decide as the Court wants to have the Social Worker that produced the reports that have diminished my chances of being the carer of my children. The children have always been cared for by me. However by the matters above they removed my youngest son 7 and the older one despite cohesion refused to stay with his mother. Therefore this case conference is extremely important to this case as without it my children would still be living at home with me. Access to the children would have been agreed with their mother on the basis that she would have the right to see them when she likes but their home would not have changed.

Expert:  Clare replied 3 years ago.
Hi
How long ago did the younger child move to live with mum?
Clare
Customer: replied 3 years ago.

Sorry Clare something wrong with this Chat process. I am not getting alerted to your reply for hours

Child was removed in the first week of June 2014

Customer: replied 3 years ago.

UPDATE on discussions on the matter of the request for and extension

I have got agreement from the Applicant who is their mother to ask for an extension to the filing . I told her that I will be asking for a date at the end of January or early February to allow me to get legal advise and related matters. I need to know which form I will use at the end of this discussion and how you feel I should approach this matter. I am also looking at appointing a Solicitor to handle this matter in 2015. This is a matter I will also address in the application.

Expert:  Clare replied 3 years ago.
Hi
Whilst I understand (and actually mostly agree) that a delay would actually give the court more information and the hearing should certainly be delayed, it is less clear how it effects the Statements that you have to make.
The statements are about what has happened in the past - form YOUR point of view- and what YOUR proposals are for the children in the future and so far as that is concerned what Social Services do is not immediately relevant - it is simply a factor that the court has to consider
However given that you both agree then the form you need is a C2 here
http://www.childrenneedfamilies.co.uk/court-forms/c2_01_05.pdf
keep it simple and say that in view of the fact that the meeting will happen early in January you feel it is wise to postpone the Statements until say 21st January so that the outcome can be dealt with within the statements
I hope that this is of assistance - please ask if you need further details
Clare
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