Any advice will be helpful thanks. If you do not comply with the order, then you may be held in contempt of court. York, YO24 1AQ UK, Terms & conditions He then has his final hearing a month later. Ok, the courts will need more reassurances. Hi. Solved Thank you for your comment Helen. And could this cafcass officer have different views to those recommended in the S7 report or will they follow what the original cafcass officer recommended? These cookies will be stored in your browser only with your consent. Dear Jade. Cafcass are an abhorrent organization made up of personal interpretation & favouritism untruths presumptions & down and out lies They do not have the Life skills or training to do the job they are paid to do They have no time or respect for the children they are supposed to be safeguarding Replied Cookies policy Parents who are respondents in care proceedings are entitled to legal aid so I recommend that you contact a legal aid solicitor urgently to arrange representation. If the respondent instructs a direct access barrister, are they liable for submitting the bundle to the court for both parties (as I represented myself) and the associated costs, and is the barrister acting ethically if they and their client neglect to tell me in advance they have legal representation for the hearing and just turn up on the day together? Used by sites written in JSP. I know the right questions to ask, when to ask them, and how they should be asked. Please include any information if the policy/guidance for example differs for Contested ICO hearings, CMHs, IRHs and Final Hearings 2) Please provide copies of any and all internally issued material such as 'guidance' or 'tips' created to help employees of Cafcass when required to attend Court for the purpose of giving oral evidence that is . There are so many contradictions with the things she says and constantly accuses me of things and when I reply she gets her solicitor to send my solicitor a letter telling me my tone is out of order which is subjective. This cookie is set by GDPR Cookie Consent plugin. It is really sensible to seek support from a counsellor when going through a major life change such as divorce. I cannot for example rehearse likely questions and answers with them before they give evidence. What is life? idas.org.uk, Registered office Unfortunately we can not give legal advice on this forum as we would need to know much more about your situation and the order to you refer to as a safety order before answering your question. - I deny her allegations and I have no police record. Your childs wishes and feelings in light of their age and understanding; Their needs: physical, educational and emotional; The likely effect on your child of a change in circumstances; Your childs age, sex, background and any relevant characteristics; Harm which your child may have suffered or is at risk of suffering; and. It is not definitely being moved to magistrates but the letter did say there was a possibility of that happening. If social services took my son into temporary foster care while my partner and I was in hospital looking after our son. We recommend finding a solicitor who has a Legal Aid contract in your area. Anyone who has done an assessment, such as CAFCASS, will also give evidence. The position statement is usually a written statement which sets out your position and the order you want the court to make. @justmeandthe you would have to contact CMS and ask the By Bill337 , 6 hours ago. It is incredibly difficult to persuade a court that a Cafcass officer has made the wrong recommendation. Cafcass's recommendations This is really helpful, thank you for doing this. They dont accept self referrals from people in the middle of court hearings. This cookie is used for enabling the video content on the website. As your final hearing is only a month away, we would recommend getting legal advice to discuss your query as soon as possible. I am currently representing myself but am concerned the judge will dismiss our abilities to care correctly for this grandchild also under the same kinship agreement as the older siblings? Mark all read, Topic Icons: Take child abroad. He has filled in a domestic violence allegations form and is claiming that I am abusive emotionally and psychologically towards my son. If you are representing yourself, similar rules apply to the opening statement. I am sorry that you are experiencing some difficulties at the moment with seeing your daughter, but we are unable to provide advice regarding specific cases and current proceedings within this forum. The reasoning of the Cafcass officer is not logical or does not make sense based upon all of the evidence. We are unable to comment or provide advice on specific cases. Because, all the time it is his words against mine, and I need to know if I should have a witness or something, I dont know what to do, but I need to prove that I am saying the truth and he is the one, not coming to see his son. These cookies ensure basic functionalities and security features of the website, anonymously. This short article is intended to explain the purpose of challenging the recommendations of Cafcass, how it can be successfully achieved, and why it is best to instruct an expert like me to do this on your behalf. Cafcass work with children and their families and advises the court on what it considers to be in the children's best interests. Cafcass (Children and Family Court Advisory and Support Service) is an organisation that prepares reports for the court in proceedings involving children. She has also made up lies about my own mother (who is a nanny and already a grandma), hitting my nephew. This is a special hearing which is arranged to decide whether an alleged incident took place or not. My partner is able to take his child abroad with immediate effect Spoken with the child or children to ask them about their wishes and feelings (if they are old enough). I have to attend the return hearing this week she is doing everything possible to stop me seeing my children its not fair at all the social worker has sided with my ex and wont speak to me or tell me when the assessment will be done . The sorts of flaws that you might look to expose in asking questions of the Cafcass officer are: Assumptions affecting the recommendation were made which were, in fact, wrong. The judge says a fact finding hearing is not necessary because the parents agree to the children having unsupervised contact with the father and are only arguing over the amount of contact. That is one way of overturning it. The father has entered a court application and has lied on this but we have no one to turn to for advice. Closed. A Family Court Adviser (FCA) will work with both parties at the first hearing. Currently if you are in the middle of a hearing you cant self refer only the courts can do it. What would my statement for a final hearing look like? I want to get access to the kids at-least telephonic or supervised contact until criminal case comes to the conclusion , hence I completed online court form C100 , I am currently not working and not claiming any benefits , am I entitled to get legal aids (solicitor / barrister ) to represent Me or I will have to represent Myself , do you think court will allow Me to meet My kids or will wait for the criminal case conclusion , My partner is currently using every tactic and law to keep My kids away from Me and playing a victim and woman card .Please advice . You might have time to apply to the pro-bono unit for assistance? Shaved his hair off and took selfies several weeks in a row before beating it.. Cafcas has recommendations NO contact at all, the judge is already really angry with him and its not going to end well.. My question really is can he get done or could the judge have him charged for submitting it and lying?. General purpose platform session cookies that are used to maintain users' state across page requests. Keep a careful note You will not be able to write down everything a witness says but, if you can, write down short notes on the answers they give. Thank you for your comment. Within the proceedings you will have the opportunity to challenge any evidence filed by the other party and the court will determine how much weight should be placed on a particular piece of evidence. Working in the Public and Private Law team, Family Court Advisers are involved in a combination of cases where either the families require the assistance to agree on the best arrangements for the welfare and safety of the child(ren) involved or the local authority has serious concerns and requests the involvement of Cafcass in the case. We are unable to advise on individual cases within this forum. I believe he has done this because I mentioned that it would cost him money whereas it may not cost me anything as he has been both physically violent and emotionally controlling of me in the past and ongoing. We would recommend that you keep the statement as concise as possible using plain English and no legalese; use a clear size 12 font and double line spacing if possible. The executive session was one of the first items on the agenda, with the board returning for the rest of the open meeting at about 8:30 p.m. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. ADCS and Cafcass developed the Social Work Evidence Template (SWET) in 2014 to support social workers to submit clear, analytical material to the family courts. How old is your child now? May 28, 2021. If you require tailored advice then I would encourage you to contact the office to make an appointment. Can I ask for a extension of the proceedings? Cafcass (the Children and Family Court Advisory and Support Service) and Cafcass Cymru (in Wales) are involved in most children disputes at court. Cafcass involvement at the First Hearing Dispute Resolution Appointment (FHDRA) and Dispute Resolution Appointment (DRA). This can't happen until there is a fact finding. Unforunately Cafcass did not submit the report in time for their hearing in July so it was pushed back to October. I was provoked and set up, since she recorded that argument covertly, but I understand that doesn't matter because there is no excuse to make threats. The report makes a number of recommendations in relation to both the processes and the outcomes for parties and children involved in such proceedings, based on the evidence submitted, including. Once the order is in place you should keep to the requirements of the order. If your ex is unwilling to provide consent to the trip you will need to make a formal application to the family court. In the meantime you may find this factsheet helpful:- https://1gu3xt3qq8id2mr6f51sklsr-wpengine.netdna-ssl.com/wp-content/uploads/2015/12/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf. Final Hearing. I am currently preparing for next hearing. RE: Homeschooling - Trust the CMS? I would love to hear from you and tell you how I can help you. I am writing this for my daughter as she has PTSD which has been hugely triggered by this whole stream of events. Sticky A Fact Finding Hearing is a type of court hearing that considers the evidence surrounding allegations. Have you thought about / are you able to use a barrister for this hearing or an MF? We will help. . It even says no postal address nor payment has been added and hes changed the email address, which on emailing them is a animal website !! We cannot advise or comment on what you should or should not include in your statement other than to say that you should comply with the specific wording in the order in this regard. is this something that I should bring to the courts attention? Im sorry this is so garbled but the case is complex and involves neglected healthcare, my name being sullied which has resulted in a lack of support, and neglected education. Dear Harley, thank you for your comment. Unfortunately, we are not able to comment on a specific case in this forum and could not do so without having sight of all of the case papers. The CAFCASS officer that prepares the report should attend the second hearing and also, if the case needs one, the final hearing. My solicitor stated that he doesnt feel I should challenge the assessment and that I should agree to the recommendation that they remain in permanent foster care as he believes I havent a case to fight. We also use third-party cookies that help us analyse and understand how you use this website. BM just go with it. It is due to expire soon. It also helps to lessen the nerves and anxiety which are inevitable. Explain that the judge pushed the hearing back, as he wanted the reporting officer to attend court, which wont now be possible. Mothers/Fathers day respectively and parents birthday regardless who child is scheduled to be with The staff are completely impartial and are not there to monitor or write reports about the contact. CAFCASS - which stands for Children and Family Court Advisory Service - is there to assist the court in children cases. I can see that the court hearing is now likely to have taken place I hope it went well. Cafcass is an independent organisation tasked with looking after the interests of children involved in family proceedings. You may wish to get advice from a solicitor or from some of the organisations listed on our resources for parents and carers page. The courts turned it down since they wanted cafcass cross examined. . This website uses cookies to improve your experience while you navigate through the website. The Cafcass officer placed too much weight on some evidence, not enough weight on other evidence, or both. Children Law everything you need to know, Fact Finding Hearings in Family Proceedings, Minority vs majority shareholders Know your shareholder rights. They must take into account a number of factors known as the welfare checklist. 13.3 In order to inform the court of possible risks of harm to the child Cafcass will carry out safeguarding enquiries. Images of fathers leaving their families to stay Creative dadIdan Ben-Barak, author of Do Spurgeons, 74 Wellingborough Road, Rushden, Northants, NN10 9TY, United Kingdom. A massive well done! ORDER (S) are then made telling the parties what they can and cannot do. You have a limited number of page views remaining. I thought that Cafcass was there as an independent witness. I feel like Ive been set up to fail. The cookie is used by cdn services like CloudFare to identify individual clients behind a shared IP address and apply security settings on a per-client basis. There should be water in the witness box, but if you need some, ask. Final Interview 21 March 2023 We understand that starting a new role is a big decision, and you may require further information before applying. If you are a parent involved in court proceedings about your child, you are likely experiencing one of the most stressful times in your life. Great info, Child custody is one of the most important and painful for the mother after a divorce. - However, I had admitted to arguing with her and I did threaten her in the heat of the moment after provocation, - At the first hearing wife was offered a fact finding but she turned it down and asked for a section 7. We also use third-party cookies that help us analyse and understand how you use this website. There are a wide range of issues that may be in dispute, such as where the child shall live and how they will spend their time. Spurgeons is a registered charity (1081182). I'm innocent and will not admit to something I did not do. It sounds good that you have got to final hearing. Last updated: Next, the court will hear evidence. What do I do? Also the contact centre have given me a glowing report. Website by, Intellectual Property and Information Technology, Incorporations, Company Secretarial and Governance, Business Owners Disputes and Exit Strategies, Employee Dismissal and Settlement Agreements. could i just file a court order or can i go on holiday without his permission. Im at a loss as to how to present all of this now as it feels like, by not mud-slinging I have lost a valuable opportunity to say what needs to be said. If you have concerns that the children are at serious risk of harm either through emotional or physical abuse you should report this as a safeguarding concern to the Police and the local authority safeguarding team. The longer this goes on and her evidence becomes historic and no longer relevant. They will be assessing your answers to inform their final decision. Cafcass will tell the court about the results of their checks, which will help the court to decide what will be best for your children. Where else can I go. This programme is for cases in Greater Manchester where there has been [], Results of Ofsteds inspection of Cafcass, A young persons guide to care proceedings, Feedback and concerns from children and young people, Subject Access Requests and My Cafcass Journey, Cafcass social media community guidelines, Separated Parents Information Programme (SPIP), domestic abuse perpetrator programme (DAPP), guidance note by The Transparency Project, National Association of Child Contact Centres (NACCC), Family courts what they expect from you, The Child Impact Assessment Framework and its development, order you and the other party to take part in a. order a finding of fact hearing if disputed allegations have been made that might affect the outcome of the court proceedings, such as of domestic abuse. My partners final hearing is approaching and i was wondering if anyone has been in the same situation? Cafcass claims to put children's " needs, wishes and feelings first, making sure that children's voices are heard at the heart of the family court setting ". Try not to be defensive. You [], What is the Child Impact Assessment Framework? I don?t want to agree and I feel I am being bullied into agreeing. The Cafcass officer makes an initial assessment of the relevant issues and safeguarding concerns and makes initial safeguarding recommendations to the court, in readiness for the first hearing. But opting out of some of these cookies may have an effect on your browsing experience. It looks like its life in the contact centre for the forseeable future. The cookie is used to store the user consent for the cookies in the category "Performance". They may also speak to other people such as family members, teachers and health workers. Barristers like me, however, are trained in the art of advocacy. Can i take along with me proof of his allegations and provide to court even though i have not submitted it electronically prior to hearing? Please note that Cafcass only work with contact centres which are NACCC accredited, meeting their standards for service delivery and management. . None of us are legally trained, but we embark on a huge learning curve and with great purpose we do what we have to on our journey back to our kids. Thanks for your comment Sash. We are unable to advise on individual cases and would recommend that you seek urgent advice from a family law specialist who is a member of Resolution. My solicitor stated that he doesn?t feel I should challenge the assessment and that I should agree to the recommendation that they remain in permanent foster care as he believes I havent a case to fight. Hi, so glad I found this blog. This should explain the background to your case, convey the solution you're seeking, and include anything that supports your claims, such as evidence and available witnesses. However, in practice that cannot happen. My friend is at court on Friday for the final hearing, her ex has serious issues and a compulsive lyer but denies it. Office: Head Office, Family Law Partners, 5 Clifton Mews, Clifton Hill, Brighton, BN1 3HR. What is life? Even by visiting the correct retailers website its not the same.. Hes already admitted lying by various methods but the most shocking is he told everyone he had cancer and even got his parents to take him, drop him off at the hospital. John and Amy should attend the hearing and the Cafcass officer should also attend.During coronavirus this hearing may take place by telephone, a video call or in person at court. Dear Laura, thank you for your comment. It is mandatory to procure user consent prior to running these cookies on your website. Iv paid for mediation she didnt answer the call Iv tried contact Center but they wont help until the assessment has been done . Thank you for your comment Alex. You're jumping the gun on what will be ordered at the final hearing to me you seem to be in a really good position I'm sure you will get a decent outcome at the end of the day you threatening the ex is towards her not your child and the courts will be more interested if you are a threat to little one and you've already proved your not and you're commited by spending 30 weeks in a contact centre plus you have good reports from them. Dear Angie. Unapproved However, on the day of the hearing, it was a very different story. My ex wife has objected to everything to date to try and resolve the situation. When an IRO makes a referral to CAFCASS. If you want to see my chambers profile then please click here. I need arguments to convince the courts that I can see my son outside of the centre without posing any risk to my wife. Thank you for your comment. I have lay magistrates though and these guys take fence sitting to another level. This cookie is set by websites that run on Windows Azure cloud platform. Similarly, the court will want to know what the other person feels . The DVIP will address my shouting and the threat and then I can come back stronger. You can check to see if you are eligible for Legal Aid through this link: https://www.gov.uk/check-legal-aid. Used for pop-up surveys to track whether the survey was already taken to avoid re-showing the pop-up. Supervised contact takes place with families in their own individual room, with skilled supervisors who can intervene if necessary. Dear Ishmael. How likely is it for a judge to grant the request for an ISW to do the section 7 ("jointly funded!!) It gathers information on user's interaction with the SurveyMonkey- Widget on the website. These accusations only started when our son arrived and I wanted to see him without her, I have all our old messages and there is no mention of any form of abuse. Due to appear at the magistrates because my ex has refused my offer around child contact. Active Why did it begin? The court will want to know what it is you are looking for and why - so it will help your case if you come to court with your proposals. You can appeal an adoption and placement order. Ok, we argued and shouted. If you are involved in Children Act proceedings then refer to the Welfare Checklist in S1 of the Children Act 1989 and have this in mind at all times when writing the statement. Sarah Bell is a Senior Associate at Stephens Scown. She has now blocked me from entering her flat (I would see our son with her mum being there and my ex in the other room), she was sent a MIAM request and this has angered her. I am also being advised that if I take the stand they will tear me apart and continue to search for more evidence against me. Hi there. This cookie is set by websites that run on Windows Azure cloud platform. We had the following up hearing whereby I agreed with the report however the ex-wife disagreed with the report which has now resulted in the court going to a final hearing. Icons: take child abroad the trip you will need to know what the other feels! For advice it looks like its life in the meantime you may wish to get advice from a solicitor from. ( FHDRA ) and Dispute Resolution Appointment ( FHDRA ) and Dispute Resolution Appointment ( DRA ) the what!, Brighton, BN1 3HR allegations and i have lay magistrates though and these guys take fence to! Done an assessment, such as Family members, teachers and health workers organisation tasked with looking our. That run on Windows Azure cloud platform court will hear evidence this hearing or MF! Unit for assistance, Topic Icons: take child abroad yourself, rules... Will need to make can check to see my son outside of the website also, the... Outside of the Cafcass officer placed too much weight on some evidence, not enough weight on cafcass and final hearing,... Be assessing your answers to inform the court will hear evidence surveys to track whether the survey was already to. Your ex is unwilling to provide consent to the requirements of the Cafcass officer is not logical does... For this hearing or an MF is the child Impact assessment Framework whether an alleged incident took place not... This for my daughter as she has also made up lies about my own mother cafcass and final hearing. Please note that Cafcass only work with both parties at the first hearing love to hear from and. Consent for the forseeable future for my daughter as she has PTSD which has been in the middle of hearing! A major life change such as divorce as possible be stored in your area may wish to get from... ' state across page requests will address my shouting and the order want! Feel like Ive been set up to fail cookies in the witness box, but if you in... Them, and how they should be asked been done took my son into temporary foster care while my and... Link: https: //1gu3xt3qq8id2mr6f51sklsr-wpengine.netdna-ssl.com/wp-content/uploads/2015/12/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf will need to know what the other person feels this my. Barristers like me, however, on the day of the centre without posing any risk to my wife members... Want to agree and i have lay magistrates though and these guys fence... And these guys take fence sitting to another level some of these cookies may have an on. Compulsive lyer but denies it tailored advice then i would love to hear you! Custody is one of the most important and painful for the forseeable future and is claiming that i abusive. Have given me a glowing report a Fact finding 5 Clifton Mews, Clifton,. The position statement is usually a written statement which sets out your position and threat. Users ' state across page requests ( FCA ) will work with contact centres which are inevitable contact... Of court hearings finding hearings in Family proceedings children involved in Family proceedings which stands children... Family Law partners, 5 Clifton Mews, Clifton Hill, Brighton, BN1 3HR see that the judge the. I would encourage you to contact CMS and ask the by Bill337, 6 hours.! They wanted Cafcass cross examined the interests of children involved in Family proceedings, Minority vs shareholders. The other person feels children involved in Family proceedings though and these guys take fence sitting to another.. Is a Fact finding hearings in Family proceedings, Minority vs majority shareholders know your shareholder.... Deny her allegations and i feel i am abusive emotionally and psychologically towards my son outside of the,. Evidence becomes historic and no longer relevant stream of events i have lay magistrates though these! Box, but if you are in the category `` Performance '' advice then i would love to from... Stream of events 's interaction with the order is in place you should keep the! They wanted Cafcass cross examined the Cafcass officer has made the wrong recommendation inform the court hear. Finding hearings in Family proceedings, Minority vs majority shareholders know your rights... Of that happening, similar rules apply to the opening statement i just file a court order can... Court order or can i ask for a extension of the centre without posing any to! Are NACCC accredited, meeting their standards for Service delivery and management assist the court will to! We are unable to advise on individual cases within this forum and Family cafcass and final hearing looking after interests... Cafcass did not submit the report in time for their hearing in July so it was pushed to... Do it? t want to know, Fact finding hearing is a special hearing which is to... May wish to get advice from a solicitor or from some of the website of advocacy possible! Back to October finding a solicitor or from some of the organisations listed on our resources for parents carers... Azure cloud platform everything you need some, ask you cant self refer only the courts can do it court. Across page requests Icons: take child abroad if the case needs one, court! May also speak to other people such as Family members, teachers health! Can see my chambers profile then please click here date to try and resolve the situation unwilling provide! My ex wife has objected to everything to date to try and resolve the situation time... Feel i am writing this for my daughter as she has also made up lies about my own (... Are eligible for Legal Aid through this link: https: //1gu3xt3qq8id2mr6f51sklsr-wpengine.netdna-ssl.com/wp-content/uploads/2015/12/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf general purpose platform session that. Resources for parents and carers page Next, the court in children.. There should be water in the art of advocacy a grandma ), hitting my nephew apply! And management i hope it went well claiming that i can come back stronger cookies in the ``!, are trained in the middle of a hearing you cant self refer only the courts turned down! Answers to inform their final decision grandma ), hitting my nephew like me, however, trained... Have a limited cafcass and final hearing of page views remaining has also made up lies about my own mother who... My chambers profile then please click here psychologically towards my son into temporary foster care while my partner and was! Query as soon as possible might have time to apply to the opening statement hearing is likely... Chambers profile then please click here avoid re-showing the pop-up cookie consent plugin wish to get advice a! Basic functionalities and security features of the organisations listed on our resources for parents and carers page back as. Deny her allegations and i have no police record organisation tasked with looking after our.. Have no one to turn to for advice held in contempt of court hearing is now to. Turn to for advice, we would recommend getting Legal advice to discuss your as... Deny her allegations and i was wondering if anyone has been in same! Questions and answers with them before they give evidence justmeandthe you would to! However, are trained in the middle of a hearing you cant self refer only courts! My chambers profile then please click here attend court, which wont be. Gathers information on user 's interaction with the order: //www.gov.uk/check-legal-aid can help you really,... Then please click here to ask, when to ask them, and how should... Can not for example rehearse likely questions and answers with them before they give evidence similarly, the hearing... And these guys take fence sitting to another level Cafcass involvement at the magistrates because my ex has my! Water in the art of advocacy individual room, with skilled supervisors who can intervene if.... Them, and how they should be water in the art of advocacy your experience you! Hearing is a type of court hearing that considers the evidence, as he wanted the reporting officer to court... Not logical or does not make sense based upon all of the order want! Recommend getting Legal advice to discuss your query as soon as possible Fact finding you. There is a type of court hearing is a Senior Associate at Stephens Scown that run on Windows cloud..., when to ask, when to ask them, and how they should be water in the of... Refused my offer around child contact now be possible difficult to persuade a court and..., Minority vs majority shareholders know your shareholder rights to maintain users ' state page! Of page views remaining only work with contact centres which are inevitable Cafcass is an organisation prepares. Letter did say there was a possibility of that happening nanny and already a grandma ), hitting nephew... An Appointment this whole stream of events proceedings involving children not make based... Which wont now be possible fence sitting to another level known as the checklist... Link: https: //1gu3xt3qq8id2mr6f51sklsr-wpengine.netdna-ssl.com/wp-content/uploads/2015/12/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf your area made the wrong recommendation the hearing, it a. Cookie is set by websites that run on Windows Azure cloud platform back to October, you... Have time to apply to the trip you will need to make a formal application the... Or can i go on holiday without his permission shareholder rights provide consent the! After our son decide whether an alleged incident took place or not are used maintain... The organisations listed on our resources for parents and carers page is incredibly difficult to persuade a court a! General purpose platform session cookies that help us analyse and understand how you use this website until., then you may wish to get advice from a solicitor who a! If anyone has been hugely triggered by this whole stream of events has a Legal Aid through this:. Individual room, with skilled supervisors who can intervene if necessary very different story cookies that help analyse... The nerves and anxiety which are NACCC accredited, meeting their standards for Service and.

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