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URGENT! Contested Interim Contact Hearing

  • IKNOWNOW's Avatar Posted by
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14 Feb 08 #13920 by IKNOWNOW
Topic started by IKNOWNOW
Hi, in court this tuesday, was decided that contact needed to be dealt with urgently through the courts. I have been given 7 days to file a statement with the court regarding my x2b's behaviour towards the children etc. and why I feel he needs supported contact at this time. We are talking of 6 months contact since he left the marital home. On speaking to my solicitor's assistant today, she said that as it is a contested hearing I need to put in as much detail as possible. How on earth do I know what is relevent and what is not, I have 3 exercise books of logged contact and police incidents, texts and phone calls. My solicitor really wants it by the end of tomorrow so she has time to collate the information into a proper statement to file with the court. Please help if you can.

Regards, Sarah

  • Angel557
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14 Feb 08 #13928 by Angel557
Reply from Angel557
I think your panicking now Sarah , so just write down what you have logged, let your sol go over it letting her pick out the relevant bits,otherwise i think your going to be sitting there all night.

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14 Feb 08 #13929 by 80SGIRLWOKEUP
Reply from 80SGIRLWOKEUP
hi sarah
my advice would be for you to list the incidents you have most concern about and which have been witnessed by others, any contact with the police for example
despite my ex being an alcoholic i have had to sign up to a contact agreement in order to get Decree Nisi which i got on tuesday thank god!
despite my ex leaving 9 and 8 yr old alone and expecting my 13 yr old to babysit I have had to continue with contact!!
Barrister has advised if happens again children must ring me and i must ring police
the courts are only interested in facts and instances where you have witnesses, dont give up
r u or ur children receiving counselling or support from schools or agencies such as womens aid they are very helpful and will provide you with alot of advice and support
hope this helps

  • sexysadie
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15 Feb 08 #13968 by sexysadie
Reply from sexysadie
If you are a good typist and have time, ask your solicitor's assistant if it will help if you type it up and give it to them electronically (eg by email in a Word document). Then the solicitor just has to mark the ones she wants to include and they can do a cut and paste job.
This saves their time and therefore your money!


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15 Feb 08 #14008 by IKNOWNOW
Reply from IKNOWNOW
Thank you all for your input. There was just to much information to type up and email, so eventually just highlighted stuff throughout my log dating back 6 months, made a few notes of main headings I wanted including and just put the lot in an envelope. Have had 5 kids at home all week for half term all full of coughs and colds. If it costs me a few more quid for solicitor to do the work then so be it. In the grand scheme of things I really don't think it will make much difference.

Thing is a contested interim contact hearing is obviously not that common so couldn't find any information on it, even in contact handbook I have.

I guess once I have been through it, I will have to post some information on wiki.

Once again, thank you for your comments. What will be will be I guess.

Regards, Sarah

  • mummybear38
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15 Feb 08 #14015 by mummybear38
Reply from mummybear38
Interim Contact pending a full hearing

1.4. In deciding any question of interim contact pending a full hearing the court should:

a. specifically take into account the matters set out in section 1(3) of the Children Act 1989 ("the welfare check-list");

b. give particular consideration to the likely risk of harm to the child, whether physical and / or emotional, if contact is either granted or refused;

c. consider, if it decides such contact is in the interests of the child, what directions are required about how it is to be carried into effect; and, in particular, whether it should be supervised, and if so, by whom; and generally, in so far as it can, ensure that any risk of harm to the child is minimised and the safety of the child and residential parent before during and after any such contact is secured;

d. consider whether it should exercise its powers under section 42(2)(b) of the Family Law Act 1996 to make a non-molestation order;

e. consider whether the parent seeking contact should seek advice and / or treatment as a precondition to contact being ordered or as a means of assisting the court in ascertaining the likely risk of harm to the child from that person at the final hearing.

Have a look at the relevant sections Sarah - are we working on domestic abuse or the gambling issues ?

  • mumov4
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15 Feb 08 #14073 by mumov4
Reply from mumov4
If you feel so strongly you should have the children and go for it.

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