Cafcass and grandparents rights

[staci]

None of us have done any form of written statement as we have not been told to. Shall i request we do this on tuesday

[sailor sam]

Just a rhetorical question:

 

What would in fact happen if staci and her partner moved away? Surely if they move a considerable distance away then the Courts would not inflict, for example, a four hour round trip every weekend on a two year old child so he could spend two hours with his grandparent?

 

Well I am in that exact position. Following my successful application involving my eldest son, I did move away, some 180 miles away to be exact. BUT despite the animosity between myself, the child's mother and the maternal family, I actually made the 6 hour round trip each month so that my son had contact with his mother as I considered that is what HE wanted, over what I wanted.

 

Having said that, although the court will no doubt order some form of contact (which will simply state that the resident parent will make the child AVAILABLE for contact), it cannot (as far as i'm aware) order that you actually deliver the child for contact. It would be up to the applicant to collect and return the child. HOWEVER if supervised contact is ordered, it would be then open to argue where the contact should take place which could, by de-fault compel the resident parent to deliver the child to the contact venue.

 

I suppose if the OP is that way inclined, they could agree to the whole application (which CAFCASS may not agree to in court due to the child's age) and then move away forcing the applicant to do all the travelling (as the order would simply state the child will be "made available" for contact) of which the OP is saying that the applicant won't travel. BUT is that acting in the child's best interest? There is the chance that further down the line, this could back and haunt the Father.

[sailor sam]

None of us have done any form of written statement as we have not been told to. Shall i request we do this on tuesday

 

Only if it is a directions hearing on Tuesday, otherwise it's too late now. This is the drawback of not seeking advice earlier. A solicitor would of prepared one for you or I could of certainly told you how to do it. Did the applicant make a statement to support the application?

[staci]

Would they really inprision us over this though? I mean our son would be taken away from us while we serve our time?

We may have to emigrate!

[staci]

No just the form for application to the court

[sailor sam]

Would they really inprision us over this though? I mean our son would be taken away from us while we serve our time?

We may have to emigrate!

 

Think you are getting a bit over the top now TBH. There would be a long legal road to negotiate before you would get to that stage!

[staci]

This is all new and upsetting for us all.

[Desperate Daniella]

From what staci has said, the relationship between her partner and his mother broke down more than 13 years ago and she has caused an enormous amount of upset and trouble to them both, as well as staci's extended family. Sometimes, as we all know, people start demanding contact because they know it will cause distress rather than because they genuinely want contact.

 

(I know a situation where a father fought for custody while quite openly saying to his friends that he didn't want custody because it wouldn't suit his lifestyle at all, but it would cause absolute misery for his ex-wife to go through the Courts to fight him.)

 

You obviously did the right thing because it was what your son wanted and you are a good parent, but this little boy is just two and has never met her.

[sailor sam]

No just the form for application to the court

 

There must be reasons for the application to be made in the first place. At the first hearing (which would be directions) the court would normally ask for statements from both parties at the same time of asking for the CAFCASS report if the application is being contested.

[Desperate Daniella]

staci,

 

Please don't worry about prison. That would only happen in very extreme cases and you are a long way from that. I've never ever read of people being imprisoned for refusing contact with a grandparent.

 

DD

[staci]

The reasons for her is that she wants to establish a relationship and she has the legal right to as his nan.

We were asked verbally our reasons and her solicitor spoke for her and then they granted her permission to apply. We then have had the section 7 done and are back in on tuesday.

[sailor sam]

From what staci has said, the relationship between her partner and his mother broke down more than 13 years ago and she has caused an enormous amount of upset and trouble to them both, as well as staci's extended family. Sometimes, as we all know, people start demanding contact because they know it will cause distress rather than because they genuinely want contact.

 

(I know a situation where a father fought for custody while quite openly saying to his friends that he didn't want custody because it wouldn't suit his lifestyle at all, but it would cause absolute misery for his ex-wife to go through the Courts to fight him.)

 

You obviously did the right thing because it was what your son wanted and you are a good parent, but this little boy is just two and has never met her.

 

This is why I think it would be sensible (and reasonable) for the father to ask the court to make a restricted supervised contact order with an initial frequency of about 2 hours a week. I don't think that they will order anything like overnight or weekend contact at this stage.

 

I totally understand the issues here... i've been through them myself with the other side's family. But you must put the child's interests first otherwise the child may not thank you in later life.

[sailor sam]

The reasons for her is that she wants to establish a relationship and she has the legal right to as his nan.

We were asked verbally our reasons and her solicitor spoke for her and then they granted her permission to apply. We then have had the section 7 done and are back in on tuesday.

 

It could be that Tuesday is a directions hearing then when the court will ask for statements from both parties. If so, no order will be made then. How long is the hearing listed for?

[staci]

It states a further hearing for no longer than 30 minutes

[staci]

Would it be possible to take someone in the court room with me to speak for us as i get too emotional

[Desperate Daniella]

30 minutes doesn't sound long enough for a full hearing.

 

What exactly happened at the first one? Was it just about giving her permission to apply for contact? If so, I would think this is the Directions Hearing for the actual application.

 

I think you might be able to take someone to speak for you - Sam will advise - but the best person to speak would be your partner as he is her son.

[citizenB]

You might want to see if there is a Duty Solicitor at the court.

[staci]

The first one was her application to apply for contact. Cafcass did a report but only a short one before that just saying there were no safeguarding issues. None of us have provided written statements. Her application was granted and a section 7 report was carried out for the hearing on tuesday.

[Desperate Daniella]

Then almost certainly this should be the Directions hearing.

 

It's a good idea to ask for the Duty Solicitor as CitiB says above.

[staci]

There has never been a duty one on when we go

[staci]

It is at a magistrates court and are there duty solicitors there? Do you have to pay?

[staci]

What is the difference between this hearing and a full hearing?

[Desperate Daniella]

There are duty solicitors at Magistrates Courts. I think they will represent you on a first occasion without payment, but others will know more on that.

[citizenB]

It is at a magistrates court and are there duty solicitors there? Do you have to pay?

 

 

Yes, there should be one or more Duty Solicitor - phone the court tomorrow to confirm. No, you do not have to pay

[staci]

Can i ask to see one before we go in. Do they represent you or just give you advice?