Background
An urgent hearing was listed unexpectedly following a s.16A CAFCASS referral, rather than the father’s application. The parties and counsel were unaware until the hearing commenced.
Relevant Law Children Act 1989 – s.16A; Practice Direction 12J
Issues
· Whether earlier directions for supervised contact should be reconsidered
· Procedural fairness given new safeguarding material
Challenges
The local authority had become involved. CAFCASS appeared to make decisions rather than recommendations. A social worker was unclear about key documentation. The mother, via her counsel, claimed she had been pressured into agreeing previous orders.
Decision
The court adjourned to allow all parties to review the safeguarding material and reconvene. I secured an order reserving costs. The father was advised regarding proportionality of future representation and the possibility of remote attendance.
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