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Cafcass interim hearing

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kernow lady
Posted by
New Member

11 Dec 17 #498060 by kernow lady

Topic started by kernow lady

My son is applying for residence for his 2 boys. One who has been abused by its Mother. At 13 1/2 he wants to live with his father, has told Cafcass he refuses to live with his Mother. Can a Judge order this at the interim hearing or does he have to wait for a full hearing some months away.

Joshua Russell
New Member

12 Dec 17 #498067 by Joshua Russell

Reply from Joshua Russell

Hi there,
At an interim hearing a judge (or the magistrates) can make an interim order if it believes the children are at risk of harm or that it would be in the children's best interests to do so. This would only be an interim order however and would be subject to the outcome of the proceedings. It is also quite rare for a court to make an interim order changing the residence of children.

At an interim hearing the court will most likely be guided by CAFCASS. If CAFCASS discover evidence of abuse and the child(ren) have disclosed abuse or stated that they wish to live with their father rather than their mother AND CAFCASS believe it would be in the children's best interests to change residence, then this it is possible.

CAFCASS do not necessarily have to accept what the children say/ask for - they have to assess what would be in the child's best interest and whether the child would benefit from a change of residence.

I hope that helps.

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