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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1376
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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So grateful help... I have a Court Hearing tomorrow

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So grateful for any help...
I have a Court Hearing tomorrow to read and accept/reject a CAFCASS Section 7 report. I am the respondent. The case is about returning contact to 50/50 as it used to be, after I reduced it to alternate weekends. The CAFCASS report favours returning to 50/50 and goes along with my ex's wishes completely. It doesn't address any of the issues that caused me to reduce the contact in the first place.I am prepared to accept the 50/50 arrangement, but only if it is alternate weeks, rather than splitting the weeks up into 2 days at mine 2 days at his, etc.. This would resolve quite a lot of my issues.
I have not made this proposal before. I am in a weak position, because the CAFCASS report goes completely in his favour; so I want to maximise my chances of getting this accepted. I am thinking of telling him that I have a proposal before we go into Court, and asking if he will consider hearing it. If he refuses to hear it, then I will contest the CAFCASS report.
What I want to know is, if he says he will hear my proposal, can I wait until I am in the courtroom before I offer the proposal, or do I have to raise it in the negotiations beforehand? The advantage of waiting until we in the courtroom is that he will feel more pressure to agree to it! I will after all be giving him 50/50 contact, which is what he wants, just the timetabling will be a new proposition.
Many thanks
Hello Vicky If you think that your proposal is in the best interests of your children - then there is nothing at all to stop you advancing such a proposal now to the father. You could also put your suggestion to Cafcass. It might well be that the father and Cafcass agree with the routine that you are now offering as it provides the children with a better routine. It might well be that although the father is seeking 50/50 care in principle - the reality of how this actually happens may well not be an issue for him. It seems to me that you would not be challenging the Cafcass report in its entirety - you are actually saying that you agree 50/50 but that you think a different routine of 50/50 would be better for your children's routines. This sounds very well like this would be capable of agreement by discussions and therefore if you do have any proposals - you do not have to wait until being in the court room to raise such a proposal. Let me know if I can help you further. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
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Customer: replied 1 year ago.
Thanks Caroline,I wish it felt so straight forward to me! Unfortunately my ex has refused to negotiate at any point, and there is a history of domestic violence. He may well just say no to spite me. Also I don't think my proposal would suit him entirely, even though it would suit the children. He has a history of acting selfishly in this case. What I want to know is, am I allowed to wait until we are in the courtroom before offering my proposal.If he doesn't accept, then I will contest the CAFCASS report, as there are several inaccuracies within it, and it doesn't resolve my main concerns,. I don't want to do this; I want it to be resolved tomorrow.
Hello I am very sorry to hear about how the father has treated you. You could if you wanted too - wait until you are in court before you make your proposals - but this may give him limited time to consider. I am still tempted to say that your proposals should be canvassed with cafcass - they may well agree and help with discussions with the father. You could tell then your proposals and ask them to comment. Let me know if I could help you further. Good luck Kindest Regards Caroline