Directions hearing after expert report

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Ajay65

Active Member
25 June 2020
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1
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Hi, We had a expert report on 10/08/20 and there is a directions hearing set for 01/09/20.

What should I generally expect on this date? Will there be any change to the time I spend with the children?

Thanks
 

GlassHalfFull

Well-Known Member
28 August 2018
544
51
2,289
That's an impossible question to answer. You haven't said what the expert report was for, what the report said, what issues are in question, what either party is seeking and what the current arrangement/orders are.
 

Ajay65

Active Member
25 June 2020
8
1
34
Hi , Sorry should have provided more context.
My ex wife and I separated last year as she had committed violence towards our son (6years) and myself.
There was a Domestic violence order which was protecting me and my son. This was withdrawn after she gave an undertaking.
My ex initially had supervised access and than we signed interim consent orders where she has access to our son unsupervised on Saturdays during the day. We also agreed on an family report to be done which we attended on 10/08/20.
She is asking for full custody of child and I only have access to him on Saturdays for few hours. She also wants to change his school as she has moved to a place more than 30 mins from the current school.

Currently my son has been with me for 1 and half years. I am asking for a 50/50 time arrangement and no school change as he is really doing good at current school and has been there from day one.

I am just wondering since we have just done a family report will it be available by the court date of 01/09/20? If yes than what should I expect at directions hearing? If the report is not available, than what is expected in this case?

Thanks
 

sammy01

Well-Known Member
27 September 2015
5,153
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2,894
Expect an adjournment. Either the report won't be ready or it won't have been given to the judge in time for him to read it. Expect more mediation to be ordered. Get back to us when the report lands. That report is themostimportant thing.u sound more unreasonable.she sounds like anutter
 

GlassHalfFull

Well-Known Member
28 August 2018
544
51
2,289
Well, it seems pretty unlikely she will get what she wants based on what you've described. It's going to hinge largely on what the family report says though. Yes, the family report writer should (should! not necessarily will) be aware of the timeframes and provide the report in advance of the hearing - usually at least a week or two beforehand to give both parties time to provide submissions with updated proposals based on the recommendations of the report. At least, that's how it worked in my case.

Family reports tend to be reasonably conservative, not rocking the boat in terms of existing arrangements unless there's a significant issue identified. Most likely, the report will recommend progression of the mother's time over a period of months/years, possibly with the view to 50/50 eventually, but probably not a reversal of the primary care as she wants.

You've had time to establish yourself as the primary carer and there may be still be doubts about the mother's violence. These are just my own gut feelings, I'm not a lawyer and I don't have any particular insight into what the report will contain, I'm just someone who's had two family reports done and know roughly what progression is likely.

As for the hearing, Sammy may be right about an adjournment. But I think it's possible that the family report will be released in time. I had similar timeframes and it came through at the last minute. I don't know whether changes to arrangements could be made at a directions hearing, which is usually just to provide 'direction' for a future contested hearing. I suppose they could if it was by consent?