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What do I need for the second hearing???

  • divorcedwith3kids
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19 Feb 10 #186609 by divorcedwith3kids
Topic started by divorcedwith3kids
I've had a trawl through the posts on the forum and have gained a little info but am hoping that I can get a little help and direction from folk with experience......

I have applied for a residence order, contact order & specific issue order.
All 3 basically revolve around the specific issue order which relates to me being able to relocate and move my children to a new school following the sale of the marital home. I need the residency order in order to prove the children reside with me so I can move them to the new school. The contact order is to resolve the issue of my ex wanting to have the children stay at his during the school week which I do not agree to. My ex does not agree to the children moving schools as he says the move will be too disruptive. My eldest has dyslexic tendancies and he is using this to stop the school move.The current school has an IEP in place to support her learning. (Not that he had anything to do with getting this sorted!!!) The children reside with me and spend every other weekend with their father. Since the Directions hearing I have offered for them to go for tea one night a week as this is what the children wanted and to spend as much of the school holidays with their father as they want. I basically want the kids to remain in the routine that they are now in during their school week, so I can ensure they are getting the support they need with their school work which they weren't getting before my ex left.

We've been to the directions hearing & have had the meeting with CAFCASS.
The judge has listened to the information from CAFCASS who informed him that we are not in agreement. He has said that he wants a report from CAFCASS regarding what the children want & a report from the school.
He has said that the report needs to be filed within 12 weeks and we will return to court for the next hearing where he will hear both cases.

What does this mean???

I am self rep'ing as I can't afford a solicitor. Can somebody please tell me what format I should put my case across and what the judge is going to be expecting - is this simply telling the judge what I feel is best for the kids and having evidence and proof to back up my beliefs or should there be some form of written document? Should I get letters supporting my case from friends & family that can back up what I am saying? I feel that something from the potential new school stating that they can offer the children places & are able to support them would be benificial - any thoughts?

Any advice would be very much appreciated as I am begining to panic about the whole situation! My ex has a solicitor as he is eligible for legal aid. Can't see what chance I have going toe to toe with a pro!

  • cat90
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19 Feb 10 #186618 by cat90
Reply from cat90
Hi, from my experience in dealing with my divorce. My eldest son is a Gifted Able&Talented child at school, swimming and music. My youngest has both development and learning delay. My arguments was to ask for the house that was near grammar school so that my eldest can go to it when time comes. My ex has turned around saying that our children were normal kids, there were nothing special going on and the reason for requesting the house is because it's value was higher than the other. So I requested a letter from school confirming everything related to both our children. Contacted various professional my youngest child was in contact with for a copy of the reports and added it to my bundle. I felt super relieved in front of judge when I manage to add weight to my case so that my children receive the right education. I know my case is not exactly the same but the more documentation you have the better. Take care

  • Fiona
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19 Feb 10 #186621 by Fiona
Reply from Fiona
It simply means the judge will listen to both sides of the story and he requires a report to assist him in making a decision.

Do you actually have somewhere to live in the catchment area of the school you are proposing to move the children to?

  • divorcedwith3kids
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19 Feb 10 #186668 by divorcedwith3kids
Reply from divorcedwith3kids
We will move into rented accomadation when the house sale goes thro. We did have a house sorted as the house had sold but then the sale fell thro. My new partner was living in the town but has subsequently moved in with me as he'd given notice on his place.
I did have places sorted for the kids in the new school but had to put a hold on it when the house sale fell through.

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