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Custody hearing

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12 Sep 07 #3267 by wscowell
Reply from wscowell
It is rare for children to be involved as parties in Court proceedings but sometimes it is appropriate. Don't bring children to Court unless the Court has made it clear that they must attend. CAFCASS will interview them separately, over a period of time - or should. They are over-worked and under-funded, hence the 12-16 week period for reports to be prepared and filed.

In the first hearing, the Court wants to get a handle on what the nub of the problem is, and to make Directions for further evidence to be filed if it is needed. There will be a need to investigate allegations of a risk of harm (physical or emotional) to the children but some interim order will be made and the Court will want to monitor the progress of these early arrangements closely. Don't confuse your own fears and past experiences with "risk of harm" to the children.

Representation is better than going in person, even though most Judges bend over backwards to help unrepresented parties. Good luck.

Will C

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