A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

STEPS IN CUSTODY PROCEEDINGS

  • CaringParent
  • CaringParent's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
21 Sep 12 #357143 by CaringParent
Topic started by CaringParent
Dear all,

Is there any link here which specifies the steps in CUSTODY / RESIDANCE proceedings ?

What I know of :

1. Parent applies for Residence
Or
1. For emergency residence
Or
1. Interim residence
Or
1. Gets a prohibitive steps order

2. First contested hearing takes place that leads to an interim order

2.1 court may request mediation, mediation may succeed or fail depending on the parties.

3. CAFCASS in requested for a report

4. CAFCASS submites report

5. A DIRECTIONS HEARING TAKES PLACE ( what is this please?)

6. FACT FINDIN HEARING TAKES PLACE ( please tell me what is this )

7. Seniors please fill further steps , is FINAL decesion taken in the day or two days of fact finding hearing ?

Plee seniors help us with the steps of the process in contested cases.

  • soulruler
  • soulruler's Avatar
  • Platinum Member
  • Platinum Member
More
21 Sep 12 #357194 by soulruler
Reply from soulruler
Caring Father

you are panicking again.:)Please do not take offence, hopefully someone may answer your questions but you mainly have already had them answered in your main thread, hard as it is you are going to have to wait now.

I can answer just one question and that is what are Directions, well if you get a Directions hearing it is to find out what additional information is or is not needed to enable the court to come to a just decision.

It is a sort of information to be supplied and questions to be asked and answered hearing - try to avoid them if you can by getting the information into court before the questions are asked.

I do think in your case you already have evidence, CAFCASS, doctors reports and so on so what needs to happen is that they are submitted with the reports if necessary from school (CAFCASS presumably will advice you of this).

You are in flight not fight mode right now.

  • CaringParent
  • CaringParent's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
21 Sep 12 #357197 by CaringParent
Reply from CaringParent
Hi mate,

No not panicking,
Not clear what you mean by I have evidance and you have then kindly listed CAFCASS

CAFCASS is yet to submit their report.

Coming back to main steps , and hope this can be used as a reference for others:

Is there any link here which specifies the steps in CUSTODY / RESIDANCE proceedings ?

1. Parent applies for Residence
Or
1. For emergency residence
Or
1. Interim residence
Or
1. Gets a prohibitive steps order

2. First contested hearing takes place that leads to an interim order

2.1 court may request mediation, mediation may succeed or fail depending on the parties.

3. CAFCASS in requested for a report

4. CAFCASS submites report

5. A DIRECTIONS HEARING TAKES PLACE ( what is this please?)

6. FACT FINDIN HEARING TAKES PLACE ( please tell me what is this )

7. Seniors please fill further steps , is FINAL decesion taken in the day or two days of fact finding hearing ?

Plee seniors help us with the steps of the process in contested cases.

  • soulruler
  • soulruler's Avatar
  • Platinum Member
  • Platinum Member
More
21 Sep 12 #357211 by soulruler
Reply from soulruler
Caring Father

Cafcass is involved, that is what I understand from your previous post. I do not think you can see the wood for the trees right now. I do believe that you are in a major panic - I am not surprised - allegations do make you panic. Please take a deep breath, you are panicking whether you can see it or not. It is not good for your health, it will produce nothing more useful than you have already been told (by those who have been or are going through a similar circumstance).

I have given you my experience of Directions as although I have not been through child proceedings directions I have been through considerable financial Directions. Avoid the possibility of directions if you can as they wrack up costs and in my view in your circumstance you should be able to get the right information submitted to court by way of evidence to avoid directions appointment or appointments (I have had way too many of those - stupid actually if all you are facing is unfounded allegations).

Please, calm down I do know what you are facing but you could loose out by being too defensive and too agressive. Chill, chill.

This is a family proceedings so make sure you stay civil, if you need it go and get anti anxiety medication from your doctor as a bridge to get you through this.

  • CaringParent
  • CaringParent's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
21 Sep 12 #357223 by CaringParent
Reply from CaringParent
Thank you .....don''t need med....need good advise and information...which you and other are providing here.

Thanks a Ton to all.

Any additional information on court procedures will help.

Specially if there is any information as to how long it takes to reach the final hearing after Directions in RESIDANCE.

  • soulruler
  • soulruler's Avatar
  • Platinum Member
  • Platinum Member
More
22 Sep 12 #357282 by soulruler
Reply from soulruler
Do you have a solicitor, if so they should be helping you to get as quickly to a final hearing as possible.

Also the courts do understand the anxiety caused when a case is unresolved and will do their best to get the earliest hearing possible bearing in mind courts are under huge pressure these days with court closures and many proceedings going through the courts.

If you haven''t got a solicitor you could phone the court involved and ask them what is the waiting time for a hearing in that specific court which should give you a better idea.

If you are worried that information is not going to be produced to court that you have take a copy along to court in a file and discuss it with either your legal representative or CAFCASS and see if it is something they would like to discuss.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 


Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.