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Asked for urgent emrgency order online got FHDRA

  • Allcry
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11 months 4 days ago #508243 by Allcry
I feel the lack of explanation from the court is hard to understand.


Asked
I used the online application to ask for an urgent without notice application. And maybe regretting it.

I explained that the other person may make more allegations or move, to defeat the order. And the child had gone long enough without father.(However not to another country), and further delay would cause injustice etc..



Result in
an FHDRA in a month for both parties

My question
Can I still apply for interim contact?
What should I be doing to prepare for Cafcass/an FHDRA?

thanks in advance

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  • rubytuesday
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11 months 1 day ago #508271 by rubytuesday
Replied by rubytuesday on topic Re:Asked for urgent emrgency order online got FHDRA
This happened very recently to someone I know - he had applied for an emergency (without notice) Prohibited Steps Order as he believed his spouse was(is) a high flight risk and his child is in immediate danger of being unlawfully removed from the UK to a non-Hague country. Like you, he used the online portal, and was sent a date for a FHDRA, with notice being served on the respondent.....

When an application is submitted via the online portal, a legal adviser reviews the application within 48 hours of the application being received - this includes emergency applications. Whereas, if a litigant turns up at court with a completed paper C100, and the case is a genuine emergency, the chances of them getting in front of a judge the same day are pretty good (obviously depending on the seriousness and meritorious value of the application).

It might be that your application hasn't been classed as \"urgent\", or fails to meet the remit of what the courts now consider to be \"urgent\" - without knowing more about your application it's impossible to say.

There's little point in applying for interim contact when you have a FHDRA in 4 weeks as I would imagine that (depending on your situation) an interim order may be made at that hearing.

I would suggest you start preparing a position statement, and set out a very clear plan of what it is you want to court to consider, and what arrangements for the children you think are in their best interests.

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  • Allcry
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10 months 7 hours ago #508720 by Allcry
Oh, I found out a while back that hindsight is wonderful.

My Urgent need to see son is not Urgent, Prohibitive steps or any orders to protect children are urgent.


14.13
The FHDRA will be conducted in the most appropriate way in the interests of the child. In particular the court shall consider the following matters –

(d) If the safeguarding information is (contrary to the arrangements set out in the CAP) not available at the FHDRA,

>>>....the court should adjourn the application until the safeguarding checks are available........Interim orders (unless to protect the safety of a child) should not be made in the absence of safeguarding checks. FHDRA interim order CAFCASS Safeguarding report now compulsory before child contact arrangements.

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10 months 7 hours ago #508721 by Allcry
rubytuesday wrote:


I would suggest you start preparing a position statement and set out a very clear plan of what it is you want to court to consider, and what arrangements for the children you think are in their best interests.


Thanks for replying rubytuesday.

working on this now. And trying to remain child-focused. Should I be answering allegations from carcass report?

Contact is going to take a very long time. Ex has decided to attack my character and so...
Cafcass lists her allegations and says not contact in and factfinding recommended in the report but does not explain why.

Should they?

Although there are more allegations. And apparently she \"actively protecting\". I can't see any positives on my side.

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