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  Urgent ex parte non molestation and C100 recieved
Posted by: SM86 - 03-09-2018, 09:43 PM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (1)

I sent my c100 to the court on 5th March which was returned due to an error on C4 form however this evening a person from the courts came and dropped off ex parte non molestation application and C100 for who child should live with and prohibited steps to stop me from removing the child from her care.

The judge who heard the applications refused both applications and listed for a notice hearing in 5days for 30mins

Both applications riddled with lies and only evidence is her statement along with screenshot of some text messages and emails from me requesting contact with the child.

I intend to contest her applications so do need to take all my evidence and make a counter statement to her allegations and take along witnesses or will this be done at later stage?

I also noticed her statement received today is some what different to what she provided to police for her false DV allegations. Also in her statement it states police took no further actions for DV. Do I highlight these inconsistencies and ask judge to request copy of police report.

Any advice would be greatly appreciated.

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Posted by: Charlie7000 - 03-09-2018, 08:56 PM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (11)

So - consent order reached in court, approved by Judge who also ordered two unagreed bits and an additional bit.  Sent away to have it typed up and submitted for sealing.  And now it's a complete nightmare!  Apparently it's a formality to send the typed up consent order to the other side for approval.  They have delayed approving it for over a week (meanwhile it's not being kept to exactly and a lot of messing about).  Now they have responded and ex is basically not agreeing it all now - saying she doesn't remember consenting to xyz or she didn't have time to think or whatever.  She had a Solicitor and a Barrister.  Have asked my solicitor to send it for approval to Judge anyway as it's not on - but she says other side may now put their point of view as well and Judge will decide.  What the xxxx!  I don't think Solicitors and barristers have come across anyone like my ex before.  I expected this - that she would agree in court and then "change her mind" or claim she is a victim and didn't understand what was going on.  Solicitor away for a while now - any suggestions?  Makes me want to ring the Judge myself and say - hey you were there - need my order!

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Tongue More lies by Cafcass ...family courts
Posted by: asd1270 - 03-09-2018, 07:42 PM - Forum: Outside Involvement, CAFCASS etc - Replies (2)

As some of you may be aware of my current situation let me give you an update but done an edited version on my situ.

I want you all to to know how corrupt and I hate using that word  and saying this about Cafcass and courts as I too am in this profession.

After some digging and personal detective work I have found the following.. I hate any one to go through this.

but have a scan of my chronology below and the injustice done. 

any spelling corrections I apologise in advance. My phone text is very small 

  • Separated in 2016 following DV, ex the perpetrator. police assistance was required to get her out   was like winning the lotto when she was out/
  • My son remained with me 
  • the ex filed the papers for child arrangements
  • Social Services involved ,ex tried to abduct my son x2 times one during contact and once during the time he was at the nursery , thanks to the nursery releasing him to her.. Angry police called , kid back home with me, safe 
  • social services undertook child and family assessment, outcome closure.
  • I challenged the report as it was appalling with the ex's bullshit opinions in there and bias. some very serious unfounded allegations
  • Social services apologised and to amend  the report to fact based.
  • end up in court for first hearing- Cafcass  safeguarding letter was bullshit as well. challenged it  and I get prohibited steps order in place to avoid further incidents of the ex removing my son out of my care etc. 
  • Cafcass undertake sec 7 report.I provided them with all police logs, social services reports and dv , heath etc reports. I spoke highly of the ex and kept everything child focused.
  • receive the sec 7 report 2 days before the next hearing.
  • challenge that too as it was fully of nonsense and no fact based info in there. Not even the police logs of common assault on me or domestic abuse etc. what it did mention was the ex had left due to dv incident and remains in a refuge??? 
  • in the hearing the magistrate ignored everything I was saying about ensuring the best interest of my son and that certain measures need to be put in to play as it states in all dv cases. again ignored. ignored everything including recommendations from police and social services which I has submitted along side my position statement
so you can see how this was gonna end up
  • The magistrates put an interim order in place. that contact shall be few hours x4 days  Angry total opposite to what I had proposed which where contact would have been safe. The mother to have 12 hours supervised in a contact center and unsupervised..yes an absolute mind boggler??? supervised and unsupervised together  Huh
  • next hearing was in 6 weeks times.
  • Cafcass complete addendum report.night before the hearing. Report was bolloxs again, not at all factual. The contact centre reported concerns. Cafcass failed  to report this. I challenged it in court again as I was not putting up with bullshit professionals trying to pull a fast on one me.
  • Hearing listed for contested /fact finding 2 weeks time
  • day of the final hearing. Cafcass walk around sheepishly in the waiting area.
  • I sit down with them to discuss my position and then some how try and resolve a fair contact arrangement with the ex. howvwer ex and I was not in discussions together( BIG MISTAKE ON MY PART , ) your see why ,
  • Cafcass draft out my proposal to my ex. 2 nights one  week. 1 night the following plus 2 tea time contact a week.I cannot be any fairer than that. I insisted that ex attends a parenting course, a dv perp programme, an no progression of  overnights until mother secures her own property and completes the above.
  •  i see the notes, I do not see the draft.
  • the ex starts to change her mind and whats more contact and wants residency?? just before we walk in to the hearing.
  • the contested hearing did not take place. I never had the order read out or have a copy of the order in court.
  • in the hearing it was like me vs the rest of the court, Cafcass etc.
  • I receive the order in the post   it reads shared??? lives with ??? 3nights per week??? wtf introduction to overnights etc wtf

  • ok I appeal the fuck up  decision as soon as.
  • barrister on board and solicitor ,cost in total to get to the appeal heard £4000
  • appeal hearing date for DEC, then vacated and have to prob wait 2 months etc , so I put in a emergency hearing to get the contact arrangements safe again.this was ignored and told to wait to the appeal hearing date????
  • A the appeal hearing I successfully win the appeal and then have the matter relisted for a final hearing in a few months. however the judge fails to put a stay on the current order. ?? reason I won the appeal was due to practice direction 12j  domestic violence and child contact not being adhered too and lower court making a screw up of the order. Cafcass ordered to do further report.
  • so i won the appeal but feel like i failed due to the order previous in place remaining, so it contradicts the reason for winning the appeal.
  • any way while I wait for the final  hearing I get a letter from the courts stating a enforcement of the order as the ex made an application that  I have breached the order by allowing my son to attend homework club for 1 hour and it eats in to her time???
  • the enforcement application hearing was vacated and listed for the same day as the final hearing.

So I will stop here and now explain the corrupt nature of the family courts and officers involved.

while all the above was going on I did my own detective work. I contacted ombudsman to investigate  Children service and the way they handled the child and family assessment to which they did.

The out come was they found that children services were not at fault. (ok they took 8 months to complete and amend the initial assessment )which was bias and nonfactual. They appologised for their initial report having being bias and incorrect.

the other findings was that children services did not have any further correspondence with  Cafcass after the initial contact for the safeguarding letter.

So here is where the shit starts to appear.
Cafcass stated  and documented that they had contacted children services, school and health departments to help support there sec 7 report.
They simply did not.
they went on hearsay of what the ex stated. everything i gave to cafcass  hard documents    was factual  information gathered from both social and school and health . non was mentioned in the report.
Cafcass did not contact any other the above and the information in the report is a utter nonsense.
The school my son goes to has stated that no one from Cafcass has contacted them , but it states in the report that the school stated etc......

ok the second bit of unprofessional conduct came to my attention today,

Cafcass was ordered by the court to undertake a further report and submit that to the courts.
I have had not contact with Cafcass at all.
My solicitor calls up Cafcass to find out what is happening, where they tell my solicitor that they have filed to the courts to 
decides to make the child a party to the case under rule 16.4 of the Family Procedure Rules 2010. A Cafcass Guardian will be appointed to represent the child in the case and a solicitor.?

very strange that such a application has been filed, Last thing I want is my son to be further exposed to this  mess.

I can see why they have done this as they have probably know that they will be cross examined about the report etc.
WHY delay such matter and what was a final hearing in April will now be a directions hearing.
As I said in another post, Financially this will be a crippling experience as all the ex needs to o know is dry me out of finances by gong to court as and when she decides to throw in more delay tactic.


Alot of father have been wrongly been pulled away from their children ,

I am a resident parent and now the tables are being turned upside down. How does that happen??? it will never happen if the mother was in my position.
what about  the mother attending anger sessions, supervised contacts?? mental health assessments?? no over nights ?? 
I really feel for the dads. Its one rule for one and one for another.

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  Position Statement
Posted by: RD84 - 03-09-2018, 06:46 PM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (1)

I am going to be filing Court application for shared residency next week and I see that a few people have mentioned about position Statement. It's quite sad having to do a structured breakdown on why I am making the application, as the mother is unfit to care for the child due to her deteriorating health.

Thankfully I've kept copies of her communications demanding half my salary to even discuss contact. When the fact-finding portion starts I'm curious if the courts will request her medical records which are pretty bleak in regards to health and prognosis for the future.

Guess what I'm asking is should my position Statement just be focused on what the children need and that I am able to provide that and just lightly explain that due to her health she is unable?

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  5/9 day split. Lives with mother.
Posted by: Tamagoto - 03-09-2018, 06:01 PM - Forum: Your Court Results/Outcomes - Replies (23)

So a decision has been made. The court found entirely in the mother’s favour and we have a 5/9 day split, lives with her.

This is the ultra condensed summary of the last year.

I have two children, now 7&5. In October 2016 my wife who had been happily married to for 8 years asked for an open relationship. I said no and over the next six months the relationship broke down. We separated in April 2017.

There followed a great deal of animosity between us, police were called on more than one occasion, I discovered she had been having an affair with a family friend for 3 months.

She remained in the family home and I kept paying for all outgoings.

I started to take anti depressants around April 2017 and am tailing them off as of March 2018. The depression was circumstantial, not built in.

Childcare was ad hoc and varied up until October 2017 when a 5/9 day split was implemented without my input.

I thought the best thing for the children was a 7/7 split with a “lives with both” order, so I applied to the court for an order.

Social services had been involved and had made a report broadly saying the kids live both parents and are happy but do not want to see disagreements between the parents. So a CAFCAS report wasn’t otherwise made.

At the initial hearing in January 2018 the magistrates formalised the 5/9 day split as an interim measure and gave us 8 weeks until the next and final hearing.

I hired a solicitor and a barrister to help me and I found their advice to be very useful as they take the emotion out of things. I’d love to call her every name under the sun and accuse her of destroying something wonderful - but that doesn’t help in court. I needed to stick to being child focussed, not dredging up the past and mud slinging.

Whilst all this was happening I also applied for a divorce and got her to agree to admitting adultery. She brought that up in family court as an example of me bullying and controlling her.

There is so, so much more to this. The sleepless nights, the hugs with children who didn’t want to go home, the astronomical cost. (20k I’d guess once it’s all done). But this is it. Ask if you want any details.

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  no access to daughter
Posted by: dab2332pat - 03-09-2018, 05:05 PM - Forum: Fathers’ Rights, Legal Info, Court Orders - Replies (5)

I am writing on behalf of my son who has been accused of domestic violence, since the allegation he and us (grandparents) have not seen the child nor have we anyway of contacting her as his ex has changed her phone number although the police said my wife is the third party, social services only have her side of the story and refuse to listen to my son.
The relationship was always a rocky one, she is controlling and verbally abusive, also she has attacked him in the past, he didn't leave her because she would stop him seeing his daughter, so he went along with it for the sake of his daughter. Her story of events have changed 3 times that we are aware of. We are all out of ideas as to what to do, we have gone down the family law route but are concerned about the child as she heavily relied on us to look after her when she got stressed, which was often. Also I believe we have been stopped because in her eyes if we got to see her we would not give her back which is simply untrue. I believe she is just trying to heap more pain on my son.
My son did receive a black eye on the night in question but nobody seems interested.

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  Query on order
Posted by: Charlie7000 - 03-09-2018, 02:36 PM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (6)

Nightmare.  Order hasn't been agreed to be sealed by other side yet and ex is wanting new things agreed. One is not unreasonable in principle - except.  She wants another special day added for son's half sibling's birthday.  Only problem is it is during the only full half term week that son has with me.  I would like to agree to it but can't if it's my only full half term week to book a holiday.  I was thinking of saying no - order was agreed in court but am happy to agree outside of the order to a change for it if I'm not on holiday - otherwise a phone call.

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  Cafcass Advice To Court
Posted by: Radar - 03-09-2018, 09:41 AM - Forum: Fathers’ Rights, Legal Info, Court Orders - Replies (3)

So we’ve completed the Cafcass mediation pilot scheme, actually resolved a couple of the minor issues. Still due in court next week for holidays and Christmas.

My ex has now turned around and said she’ll agree to 1 full week this Summer and 2 next. No agreement was close on Christmas.

I want 2 weeks this Summer, due to my dads ill health 15 family members are going on a booked vacation abroad as it’s likely to be his last holiday.

Cafcass have said in their letter to court that they feel 1 week is right for this year, and recommend me booking additional flights home after a week for me and XXXX, then back for the second week just me Sad

They also recommend we alternate Christmas Sad

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  vary an order
Posted by: helpless dad - 03-08-2018, 10:16 PM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (2)

hey everyone me again,

after everything that happened and all allegations by the mother and her stating I will never have him again at beginning of case, after caffcass report she gave in and came 2 an agreement b4 final court case which was me have him every weekend and half the holidays.

now my question is 6 months down the line I now have a job which I didn't at the time its 7 nights on 7 nights off now iv asked her if we can change the weekend im gonna be missing him and she has said no.

so im gonna go vary the order what r chances judge will agree 2 her obv having him the 7 days I work and me picking him up the wed wen im not working so she has 9 days I have 5 and keep holidays the same.

any advice welcome

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  Withholding money when visitation has been withheld....anyone done it?
Posted by: Jaspington - 03-08-2018, 09:09 PM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (11)

My boyfriend has a very difficult ex girlfriend who is actively restricting and frustrating access. After a year we are not yet at overnight stays. Child is 5. Has anyone with held maint payments until contact is restored?

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