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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 2185
Experience:  LLB (Hons)
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I need to speak with someone regarding preparation for

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Hello, I need to speak with someone regarding preparation for family court next week.

Hi, I'm Lea

I believe I assisted you with a previous query.

Can you explain more about what you need assistance with please?

Customer: replied 8 months ago.
We have received the section 7 report and have court scheduled next week. I need to know roughly what we can expect to happen so we can prepare. The applicant (birth mom) is not happy about the findings of the section 7 so we are expecting it to be upsetting
Customer: replied 8 months ago.
She has been sending emails to cafcass, demanding a new report
Customer: replied 8 months ago.
I think she is honestly making herself look petty and foolish but as she and my husband are both representing themselves we’d like to be as prepared as possible if she has any opportunity to question/attack him

The mother's course of action if she disagrees with the report is to put her issues with it into a statement for court. If the order has not yet permitted that she file another statement, she will have to wait for the next hearing as she can ask the court to put it in the order that she wishes to file a response.

From your point of view, if the report is favourable to you (your husband), you'd probably hope for the next hearing to be used as a final hearing and for decisions to be made. In which case I would suggest you prepare a position statement, stating that you agree with the recommendations and are seeking the court to make an order in those terms.

The likelihood is, however, that since the mother is in disagreement with the report, that the matter will be listed for a final contested hearing, and each of you will be asked to file witness statements in response to the report and asked to put forward your proposals for the child.

Does that help?

Customer: replied 8 months ago.
I believe there will be a final hearing as cafcass has said they will appoint someone to represent the children’s wishes at the next hearing, but can’t at this one due to staffing issues.

I presume you mean that CAFCASS have recommended to the court that the child be appointed a guardian? If yes, then the next hearing won't be used as a final hearing (it'll be currently listed as a DRA - dispute resolution appointment), as the child will need to meet with the guardian, and the guardian will instruct a solicitor for the child if it is deemed necessary. If, on the other hand, you just mean that the CAFCASS officer won't be there to present the report, then yes, there will be a further hearing as each party has the right to question the officer on the content of the report if they disagree with it.

Does that clarify?

Customer: replied 8 months ago.
I believe it is a guardian they are appointing but not until the one after this one. So if I understand correctly, next week will be dispute resolution. Is there anything specific that we need to be prepared to present or defend?

As above, a position statement for the DRA will be sufficient.

Customer: replied 8 months ago.
Ok, thank you. Can you fill me in on the guardian for the children and how that process works?

The child will meet with the guardian and the guardian will instruct a solicitor for her if the guardian deems that necessary. The discussions between the child and guardian will be confidential. The child will effectively be a party to the case and her solicitor will attend the hearing to put forward her case for her.

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