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Charlie7000

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  Changing an Arrangements Order
Posted by: Goetia - 03-29-2018, 07:35 AM - Forum: Fathers’ Rights, Legal Info, Court Orders - Replies (3)

This isn’t the first time I’ve asked but I’m literally begging for some guidance now as I can’t afford a solicitor to ask.

I need to vary my court order but when I look at the C100 form I have no idea when option to select, and I have been told that if its not correctly completed the courts can reject the form. I have searched google but nowhere seems to detail how you complete the form when applying to vary.

Please help.



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  Venting
Posted by: Charlie7000 - 03-28-2018, 11:17 PM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (6)

Do not ever agree to a consent order at court instead of a contested hearing.  And if you do, stand over everyone and don't let them leave until the order is typed up and sealed on the day.

So as well as the £12,000 it ended up costing me by the time the final hearing was over and I had sacked two useless solicitors a few months earlier, I am now running up more and more bills - because the order wasn't agreed and sealed after the hearing.  Apparently if the ex does this (suddenly decides she wants to change it all) you write to the Judge and ask them to seal it. Judge said no - in a woolly kind of way.  It wasn't quite "kiss and make up" more like "go away and be sensible and sort it out between you".

If it was that simple, wouldn't have ended up going to court in the first place.  So predictably this led to 3 weeks of non negotiations leading absolutely nowhere, with two points agreed (ie two clauses chopped off my order) to get agreement and the third one still not agreed.

So back to court again for Judge to rule on that.  At the end of which I may have a workable order but compromised.

And now the venting bit - if it wasn't bad enough being accused of all kinds of foul allegations for a year, I then find part of the court process was being shouted at - yes shouted at - by a Cafcass woman - and pressurised for four and a half hours.  At the end of which I get an interim order that isn't enforceable.

I get to the final hearing determined not to go for a consent order (smelling suspicious tricks) but was advised to so did.  Which would have been fine if it was sealed on the day.

And now a solid month of stress, stress, stress, and mind games and just sheer hell really.  And still no agreement and still no order, and a load more bills.  No idea how much the next hearing will cost.

If I ever get to the end of this process and actually have an order, then next time around (there is bound to be a next time) I will be doing things myself.

The only person I blame is the Judge - for not ratifying an order that was consented to at court.

Not trying to put anyone off going to court - but just go for a contested hearing and don't agree anything by consent, I'd say.

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  What should I expect?
Posted by: remaincalm - 03-28-2018, 08:30 PM - Forum: Fathers’ Rights, Legal Info, Court Orders - No Replies

I've been battling against an unreasonable and pighead ex for nearly 18 months now, and its finally come down to me needing to take her to court.

I'll keep it brief. Split up 18 months ago, saw the children every weekend (just for the day). I wanted them overnight but couldnt as I was just renting a room in a houseshare. After about 8 months I eventually managed to get us to mediation. We managed to agree on overnight stays. This came to an end after the 4th time as I (perhaps) foolishly slapped my eldest on the bottom. I won't try and justify it here, but obviously their mother found out, and called everyone that would listen. Nothing official came of it.

She reduced contact to once per fortnight, and zero movement on dates/times etc. She continues to control and manipulate the children and turn them against me. Anyway, that was happening for few months until last week. She decided for no real reason at all, to stop all contact, and refer me to a Contact Centre. Stating that I needed to go on a parenting course, and jump through hoops etc.

Obviously I see no reason at all for removing contact, so I've decided to push for a Child Arrangements Order.
I have the signed MIAM form (needed for the C100) from the mediator. Filled out the form as best I could (reading some guide notes), and I'm raising the £215 needed to send it (3 copies) to court.

As I am self-representing, I have no idea what to expect. What could she do? There is no history (least of all evidence) of DV, controlling behaviour, safeguarding issues or all the other crap she is accusing me of, but I imagine she'll try and use the allegations against me. Would this delay things? Would they seek an investigation?

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  Invictus - "Bloody but unbowed" (well in my dreams)
Posted by: Kate - 03-28-2018, 07:57 PM - Forum: Your Stories, Advice to Recently Separated Dads - Replies (5)

Hello Everyone

I'm fairly new to the forum, but this may be my last post as my son was defeated by the Family Court. I've been following a few of your battles, so I'm sure I'll be visiting the site to follow how things are going. My son's particular nemesis was an ex-parte NMO, so if I feel that I can help with that I'll chip in of course.

I chose the title "Invictus" for my post. Maybe you're familiar with the William Ernest Henley poem. I feel that the line "Bloody but unbowed" just about sums up my feelings at the moment. I reassure my son that he didn't lose on principle; he lost because of economics. If only the Family Court had some principles!

In a nutshell, my son's case was that he had a CAO awarded in March 2017 for weekend access, but then in November 2017 his ex went back to the same court and extended and varied a NMO so that now he's no longer able to contact his son. So he ended up with two cases going on at once: one to enforce the CAO; one to contest the extension of the NMO. Not easy when you're out of the country working for weeks at a time.

So after just one email from him saying he can't carry on with this, another District Judge, who obviously doesn't know anything at all about this case just rubber stamped it all and it's all done and dusted. That's it! They may snear at us for walking out of their court, but to be honest, I can't be bothered with their games (unless I was a millionairess of course, and then I'd be good  Smile .

So now it's time to wind down. I'm sure his ex will be a little bored now she can't keep getting solicitors, police and the judiciary to jump to her commands.

All the best to everyone on here. Hope it ends better for you than it did for my son.

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  Recitals - urgent
Posted by: Charlie7000 - 03-28-2018, 04:42 PM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (6)

Anyone know much about recitals above the main order - as in agreements?  Are they worth the paper they are written on or not?  Are they enforceable in any way shape or form?

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  Advice welcome
Posted by: Ieuanb88 - 03-28-2018, 03:45 PM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (2)

Hi everyone amazing forum and so helpful .

Im looking for advice if possible

Background story
It involves my daugther who ive been denied contact with for over 4 years , basically me and the ex wernt together and i met someone eles , and because i choose to be with my current partner she didnt like this and has said i choose my partner over my daughter.

I tried messaging and got blocked my family have and the same thing happened to them.
I went to her flat to talk and gave her my number but she never called.

She moved house and i only found out new address and number this week .

There no hisotry of dv . i don't drink or do drugs .
And no criminal record against me .

I have children from other relationship which include my son , who i have every Thursday to sunday who is diagnosed with adhd .
A daughter with a current partner.

And another daughter who ive just got back into contact with .

My questions are im going to self represent my self.
I suffer with a stutter will this affect my chances.?

I know 1st step is meditation which im waiting for a response from. the center.

Im going have to apply for pr as im not on the birth certificate .

Its a scary process but i got to do it for my daughter.

Thanks for listening

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Question Housing close to my children?
Posted by: Grand1987 - 03-28-2018, 01:22 PM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (5)

Ok so this is my first post but found this websight and had to join as could do with some advice from men in same situation as me
I was with my ex partner for just over 2 years and we have a little boy who is 18 months and she has a girl aged 4 who sees me as her dad and I see as my own
We split up over a year ago now and despite trying it now looks like we wont be getting back together
when we split I moved back to my parents house in xxxxx and she and the kids stayed in xxxxx
Now that it looks like we are not getting back together I obviously want to move to be much closer to my children but as live in xxxx don't know if I will be able to get a council place in xxxxx to be close to my children
Don't work at the moment due to my bad depression and dr has even said its made a lot worse by being so far away from my kids
so has anybody else been in same situation? or can anybody help with any advice at all?

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  Rights if wife says I'm not the father
Posted by: jasvog - 03-28-2018, 12:23 PM - Forum: Fathers’ Rights, Legal Info, Court Orders - Replies (6)

According to this site  "you have Parental Responsibility, either by being married to the mother when the child was born, being present when the birth was registered and having your name on the birth certificate as the father,". Well this describes my brother. He has a 3 year old daughter and recently saw his wife with another man. She has since told him she's having an affair and the child belongs to this other man. He see's the little girl as his no matter what and wants to fight for access or custody. Could she prevent this by proving he isn't the biological father? Would his parental responsibility or rights be lost?

Thanks

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  CSM/Mortgage
Posted by: DJB1972 - 03-28-2018, 12:22 PM - Forum: Child Maintenance, Finances etc - Replies (9)

Do you get a reduction on CSM if your paying the mortgage and are the sole person on the mortgage

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  Waiting for court
Posted by: Cheese_head_1986 - 03-28-2018, 10:09 AM - Forum: Contact & Residence Issues, Problems with Child Arrangements - Replies (8)

Hi guys

As you may have read things have been down but have now gone up!

Cafcass and the contact centre reports are backing me up all the way. Unfortunately the ex still wants contact to stop.

I'm waiting to go into court soon.

I'll update you on the outcome

Wish me luck

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