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FPR Practice Direction 16A

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  • FPR Practice Direction 16A

    Part 6 Paragraph 9.4

    9.4
    The officer must –
    (a) attend hearings as directed by the court;
    (b) advise the court of the child's wishes and feelings;
    (c) advise the court if the officer considers that the joining of a person as a party to the proceedings would be likely to safeguard the interests of the child;
    (d) consider whether it is in the best interests of the child for the child to be made a party to the proceedings, and if so, notify the court of that opinion together with the reasons for that opinion; and
    (e) where the court has directed that a written report be made –
    (i) file the report; and
    (ii) serve a copy on the other parties and on any children's guardian,

    So, if the court has ordered that Cafcass shall prepare a written report pursuant to S7 Childrens Act 89 in order to assist the court in relation to father application for a SRO and mothers opposition to this and further in relation to the amount of time D (6, now 7) spends with both her mother and father, taking account of D's schooling and D's needs, wishes and feelings having regard to her age and understanding.

    And the officer fails to speak or see D, what does this say about the usefulness of the report?

    Views appreciated.
    Tags: None

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