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Custody - Final hearing

  • pop79
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07 Jul 12 #341785 by pop79
Topic started by pop79
Dear Friends,
I''m in the final stages of my custody case and have a final hearing this week. CAFCASS was involved and I''m contesting against there final recommendation.

I have instructed a solicitor for this hearing, and have already prepared a "court bundle".

I''ve been advised by my solicitor that I have to exchange these documents with the other party (x-wife & CAFCASS) in addition sending to courts.

Is this the normal practice?

I''m very concern about this as I have listed all my concerns, evidence and issues with CAFCASS recommendations in this bundle.

My main concern is that sending this before the court hearing give enough time for the other party to prepare against my concerns/evidence etc.

Can I object to this request and make this document available on the day of the hearing?

Thanks in advance.

  • Fiona
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07 Jul 12 #341796 by Fiona
Reply from Fiona
Court rules are that you must send documents to courts and the other side who need to know what case they are to answer. The judge may not allow documents that haven''t been filed previously to be introduced at the hearing.

IT isn''t possible to successfully challenge a CAFCASS report just because you don''t agree with the conclusion or recommendations, you really need to show there is an error of fact or law.

  • pop79
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08 Jul 12 #341862 by pop79
Reply from pop79
Many thanks for your reply. I guess I don''t have an option other than releasing these documents to the other party.
At the same time, I have requested some of the evidence fro the other party. What this info not available before court hearing? Can the other party bring that evidence on the date of the hearing without releasing before hand?

I do agree with most part of the CAFCASS report however, not agree with their final recommendation and my reason to contest against. Having done my research in this area, I''m aware it is very difficult to overturn a CAFCASS recommendation. Am I wasting my time and money?

Thank again.

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