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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 3650
Experience:  Barrister at law
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We had a section 7 ordered but the wording on the court

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We had a section 7 ordered but the wording on the court order was 'to look at how pattern should be stepped' (the applicants solicitor wrote it) and was a different reason to what the magistrates had said (risk of emotional harm). Which meant cafcass did not look at my concerns. They said they can only look at the pattern, as per the court order. If I had the court transcript would they re-order it? Or are court orders always worded like that?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: yes two statements so far
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: crewe
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Hello my name is*****'ll just review this for you.

OK. Cafcass have to look at risk of harm to children in general when compiling the section 7 reports.

But if the order was drafted in a misleading way, resulting in the report not focussing on the key issue, then you can ask for this to be re-drafted and an addendum to the report can be ordered if it has already been completed.

Did the magistrates give facts and reasons alongside the order?

Customer: replied 7 days ago.
risk of emotional harm from acrimonious relationship of parents

OK.

Have you drawn this to the attention of Cafcass?

Has the report been completed yet or is the author still writing it up?

Customer: replied 7 days ago.
cafcass said they could only report on what was in the court order
Customer: replied 7 days ago.
has been written in June
Customer: replied 7 days ago.
going to review hearing on Monday

OK. Then you need to ask Cafcass to produce an addendum report to address this issue and raise it with the court that the applicant's solicitor did not include this in the court order as requested.

I hope this assists.

Customer: replied 7 days ago.
would the court need to see the court transcript- is there any point in ordering it?

No, there's no need - it's in the facts and reasons so clearly was something the court had raised and noted as a live issue in the proceedings.

It's quite underhand of the solicitor to have not put this in the court order, to be honest.

Obviously you as a litigant in person would have had sight of the order but you weren't to know that it had to be included.

I hope this clarifies the point.

If you do have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating I'll be credited for my time spent responding to your question.

Kind regards,

Peter

plclegal and 3 other Law Specialists are ready to help you
Customer: replied 7 days ago.
thank you for your help- one more thing- what does facts and reasons mean- do the magistrates keep notes on the the court file?

Yes the court file should have a copy of this.

I think the court will also want to know what Cafcass' views are on the issue of emotional harm too, regardless.