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  GPS/Recording Device
Posted by: MrBiz - 07-01-2018, 07:42 PM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (14)

Hi Everyone, 

Not been on in ages as things were going ok up until the last contact.

I was putting on my LO's jacket and I felt something hard in one of the pockets, just assumed it was a little purse or some money. so I went to open it but it was sewn up! 

The CAO says unsupervised and due to the mother messing about she restricted us to a certain place for a few hours which breaches this, her solicitor said if we leave this area then contact would be stopped but how would they know as they drove off. 

This to me felt like a GPS/Recording device and was the size of 2 AA batteries, now there was no reason for this to be there or sewn up so I am 99% certain it was one of these devices.

Is this legal and what can I do about it?

Thanks

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  FIRST HEARING ADVICE
Posted by: CSKA82 - 07-01-2018, 07:00 AM - Forum: Fathers’ Rights, Legal Info, Court Orders - Replies (4)

Is it normal not to do a position statement for the first hearing? I asked my solicitor if we need to do one and she did no not at the first hearing as she suspects there will be a direction hearing to come.

I know Charlie7000 as given me advice previously any advice appreciated as the first hearing is under 2 weeks .

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  Should I appeal?
Posted by: Charlie7000 - 07-01-2018, 02:00 AM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (2)

Result of my failed prohibited steps application has just sunk in.  When I put the application in there was a directions hearing (yesterday) and a second hearing listed for a month's time.  Ex sent a statement of "distress" and lies saying she wanted mediation.  Judge ordered my application to be withdrawn and for her to have mediation with me before changing anything.  But the upshot is, she will move and I am trying to prove alienation.   I had good evidence to prove that the proposed move was for vindictive purposes to reduce son's time (and then the alienation would be completed) and some evidence of alienation.  But without that second hearing there was no chance to present that.  Judge just sided with the Mother and dismissed the hostile emails.

So should I appeal?  Because otherwise my son is going to left with an alienator who is moving away.  I am trying to think it through.  She has to have mediation - nothing reasonable will get agreed - then she will have to apply to vary the order (she will want to reduce the schedule) for when she moves.  At the stage I could contest the variation down and try and apply for son to stay here and live with me and visit her - and show the evidence that the move is not for genuine reasons.

She is already building a fabricated case against me to undermine the evidence I have and has sent a lot of fake emails - and will get son to say something bad or write a letter as well.

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  First court appearance-tips
Posted by: beehive84 - 06-30-2018, 05:06 PM - Forum: THE LOUNGE - No Replies

Hi, I have an mps hearing next week and my first proper hearing 4 weeks after.

Likely I will have a barrister at both but I’d still like to hear or read any available tips please of the actual format.

I’m still unclear how it works.

I will obviously read all form e’s and schedules but how does the format role? Just need to prep.

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  First court appearance-tips
Posted by: beehive84 - 06-30-2018, 04:49 PM - Forum: THE LOUNGE - No Replies

Hi, I have an mps hearing next week and my first proper hearing 4 weeks after.

Likely I will have a barrister at both but I’d still like to hear or read any available tips please of the actual format.

I’m still unclear how it works.

I will obviously read all form e’s and schedules but how does the format role? Just need to prep.

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Thumbs Down Prohibited steps application
Posted by: Charlie7000 - 06-29-2018, 08:49 PM - Forum: Your Court Results/Outcomes - No Replies

Ex sent me an unpleasant email saying she was intending to move further away with a few nasty comments.  Asked for further details and she was vague and said child would have to move school if she moved.  Applied for prohibited steps to prevent Mother moving away "with child" and prevent Mother moving child from school, plus ticked Child Arrangements and put I would be pursuing child to live with me if she carried out the threat to move away (it was worded more as a revenge thing than a threat).  Had advice on the wording for the application.  Applied for urgent hearing - didn't get ex parte but got a hearing in a few days time after she had been served with papers.

Upshot was ex got a solicitor to write what she wanted to say for court and to say she would self rep and wouldn't speak - her statement would speak for her.  She claimed being very distressed, financial difficulties and how she wanted to go to mediation (all probably untrue and she's married, her husband has a good job, they own and rent a house (she made out she was just renting).

I had a barrister because I knew relocation applications were tricky.  She and her H refused to negotiate pre-hearing.  So into the Judge who basically had already made his mind up.  Wouldn't allow my barrister to speak more than a few words.  I had email evidence of her abusive attitude and how it was clearly revenge rather than any real genuine reason.  He dismissed that and said he'd seen worse.  It was my evidence to show alienation as well.  All dismissed.

Upshot is - application has been cancelled for an undertaking that she won't change anything in the order without mediation. So effectively it's an order that says mediation must take place before any further court applications. But then that could just mean one session and her apply to court. It delays things but doesn't solve them.

Now if I had got what I applied for - an interim prohibited steps order until the next hearing - she may well have backed down on the distance and agreed not to move further than x miles, knowing my application for change of residence was in, if she moved. So the Judge just took all my leverage away.

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  Someone called me saying they want to serve me with Non-molestation order
Posted by: knigh7 - 06-29-2018, 08:21 PM - Forum: Your Stories, Advice to Recently Separated Dads - Replies (11)

Hello,

Long story short as per my previous post, 

  1. she hit the children
  2. I videoed her with spy camera
  3. social workers got involved and the police cautioned her for child cruelty
  4. She claims to be victim of Domestic violence.
  5. Children are with me with supervised contact only with her.
Someone just called me saying that they want to serve me a non molestation order and asked me for my email saying that he wants to send me some documents for a "further hearing" at a court early next week.

My solicitors will open on Monday, what should I do, shall i give him my email address to see what is going on?
What do you guys advice. He did say that its under domestic violence and he gave me a reference number. Please help, this is not going to end, she is not going to give up her lies.

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  Sharing my income with ex whilst in same house
Posted by: Riverside78 - 06-29-2018, 01:07 PM - Forum: Child Maintenance, Finances etc - Replies (3)

Hi, My wife and I are pretty much sperated (well she says she wants to leave me but will not commit 100% as yet, I think she's stalling to find out what she can get). she is a stay at home mum and i am the sole bread winner. I give her £1100 per month for food shopping and for her to have independance with her our money. I have about £1,300 left after all bills which i use for my fuel, clothes, treating the family to meals out etc.. plus I also buy some groceries during th emonth. My wife has now said that I need to give her more than £1100 as I have more spending money than she does and my earnings belong to both of us. Just wondering if anyone knows if that is correct or by me giving her a very large amount already (it deosn't cost £1100 for food) that I am being fair and I am allowed to have more spedning money than she gets as I am the one earning it. Thanks

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  Share care - Lives with order
Posted by: Marg 1963 - 06-29-2018, 12:08 PM - Forum: Fathers’ Rights, Legal Info, Court Orders - Replies (1)

My son has got shared care for his children,' lives with both parents'. Although, technically they spend more time with their mum, due to distance and schooling. It is just under a month since the court order was issued.

I believe that my son has now got equal rights? (I don't think this has sunk in with the mother or she hasn't read the court order properly).

I just wanted to check what things now entails. What should we be looking at. Eg. my sons name wasn't on the contact details at school. Going to send a letter to school. I doubt that my sons name will be on the girls medical records. How do we go about that, if she won't give details of their GP practice. Will the previous doctors surgery know?

Anything else?

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  Final Hearing Outcome. Result. Well it should be
Posted by: Marg 1963 - 06-29-2018, 11:50 AM - Forum: Your Court Results/Outcomes - Replies (4)

I have posted elsewhere our story as I have been writing and researching on behalf of my son, who is sight impaired.

To cut a long story short. He asked for 2 out of 3 weekends. He originally had the children 3 out of 4 weekends. she wanted every other weekend. She refused to share the driving, as our son can't drive. She was adamant he would never have the children christmas morning as he had lost that privilege, apparently. 

At the final hearing, she compromised, after a battle. She said she would share the driving. Then is was arranged that he could have them every  other weekend plus additional weekends every quarter. The court decided our son could spend christmas eve and christmas morning with the children, alternating years.

The solicitor and barrister laughed at her witness statement. It attacked my son and she stated she had rights as their mother.
The barrister called her selfish and that she had lost sight of what was in the best interests of the children.

Our son also has a lives with order. Shared care, although they technically spend more time with their mother, due to the distance/schooling.

I don't think any of this has got through to her. It's not even a month since the court order was issued and she is trying to change things. Arranging things in my sons time. Everything should be agreed in writing according to the court order.

Instead of my son picking the children up from school. she has arranged a family meal and said she would drop them off instead later. Are we then in breach of the order, if we don't take them back on Sunday, when she should be collecting them?

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