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2nd hearing with cafcas for 30 minutes

  • light1
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26 Jan 10 #180136 by light1
Topic started by light1
We been marries 4 years,we have 2 kids,a 3's and 14 months,he is 50's and I am 32's.I left him due to his violence towards me.We had our first hearing about children residenrs order in december and he said he want custody of the children too.He has done nothing till noow,never appyed for a order or something.We have our 2nd hearing on 12 february with cafcas for 30 minutes.As I am aware he will be living uk and will not come.Do yoyu think the judge will make an order in his absents?What is going to hapend?Please some advice will be appreciated.I am representing myself so what do I need to tell cafcas officer?

  • eyes on horizon
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26 Jan 10 #180177 by eyes on horizon
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if he doesnt turn up no order will be made, it will probably be adjourned for a later date.

is he in the uk? confused by your post.

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26 Jan 10 #180184 by light1
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he is in uk at the moment and he will leave i n austria at the end of this week.so he will not come not in february not after becouse he will be there.

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26 Jan 10 #180190 by Ursa Major
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Light1 I'm sorry you find yourself in this position and also that you have not had much in the way of replies.

To summarise:

You are a 32 year old female and have been married to a man in his 50s for 4 years. You have 2 children aged 3 and 14 months.
You left him due to his violence towards you.You have both expressed a wish to have the children resident with you and had a hearing in December, as a result CAFCASS are now involved and there is a 2nd hearing on 12th February.
As far as you are aware your husband has taken no formal action to apply for a residence order and you suspect he will not be at the hearing. This is because he is leaving the UK for Austria at the end of this week, in order to live there permanently.Your questions are:
1. What do you need to tell the CAFCASS officer?
2. You suspect he will not return to the UK for the hearing, however he must know when it is as he is currently still resident in the UK.You wonder if the Judge will make an order for residency in his absence?
3. You have no legal representation and are concerned that you might do the wrong thing and mess this up for your kids?

Please confirm that this is correct and then I'm sure someone will be able to advise you.

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27 Jan 10 #180257 by light1
Reply from light1
that ic corect.thank you,i did my best to make it cleaR(THE POST).

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12 Feb 10 #184936 by light1
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we had the hearing today.my ex did not turn up as he is not in uk any more.there was a cafcas officer there.the judge made a resident order on my favor and said that will not arrange a fact finding hearing.But the cafcas officer advise me to think about going for a fact finding hearing.she said this can help protect the children in the long run.please what is the difference between what the judge has decided and what the cafcas advice?if my ex will come in few years time to say i will take the children from you?sorry for the writing mistakes.i hope there will be someone who will understand what I wanted to say.

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12 Feb 10 #184944 by light1
Reply from light1
anyone?

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