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This is the end of 2 year long case.
#1
SO had the final hearing yesterday


After Finding of fact, section 7, spending 16 months at the contact center...

CAFCASS in their section 7 recommended this

a) there is no pattern of abusive behaviour from the father
b) No findings made of mother's concerns towards father of children welfare or capacity
c) Children contact to go ahead outside contact center 'immediately'
d) do not recommend DVPP for father based on Finding of fact
e) Children contact to build up gradually in community leading to 1 overnight stay, and 1 day of tea
f) MOther to be main resident and live-in with dad 


Mother asked for :

a) Court to recommend DVPP for dad !
b) father to continue at the contact center until father completes the course
c) After long conversation with CAFCASS, mother came around to contact build up but with pre-condition of DVPP !
d) Mother would agree an end state of only 1 night per week. Few special days and few holidays, thats it
e) Mother wants to be the main resident and accepts cafcass recommendation of live-in order for dad


Father (me) asked for :

a) Get the F out of contact center !
b) 3 nights per week, half the holidays, special days
c) During the course of the negotiation compromised one night over the weekend and, overnight on the day of weekday nursery pick up
d) Shared residence order


Judge said to the mother :

a) Contact MUST start in the community starting from this Sunday ! 
b) Dad is not the type of candidate for DVPP !
c) This is the kind of normal case where the norm is Dad gets 50-50 if he makes another application
d) What dad is asking whcih is 2 nights is absolute minimum 
(could hear mother gasping for breath at this time)
e) Interrupted mother when she was trying to say '2 nights is too much', judge quipped 'No it is not' 
f) Made a comment to the mother that mother fitted the pattern of most mothers who come to court asking for all the contact to themselves !

Final order :

a) I got 2 nights a week for start and made provision for dad to come back to court after mediation if I wanted more
b) all special days and festival days I asked for
d) Was out of time to talk about holidays, but I will wait for the order
d) No DVPP
e) Contact to begin this weekend
f) Mother got residence and I got live-in, but again made comment in the order that dad could come back asking for more time and shared residence order. 


I'm ecstatic and happy I couldn't sleep the whole night at the thought of having children home. I'm making preparations to welcome them this Sunday.
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#2
Excellent result. Well done mate. Well done.

Wow, that feeling, to have your children at home again, one on one, no conditions and ridiculous nonsense, being watched and judged.

The judge telling the ex about 50-50 and minimum of 2 nights each week will help in keeping her in check in case she gets any ideas.

I am very happy for you and for your children.

Enjoy!
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#3
Well done dude - I've been following your posts and it certainly has been a roller coaster ride for you. I'm so pleased for you and your children.

Justice prevailed in the end; I am sure you will make the most of every moment you are spending with the children. Good to see the judge did not fully follow the Cafcass recommendation as to how contact should move forward.
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#4
thanks JamW, Leader...
I'm still trying to take it all in from yesterday's hearing. At the end of 2 years, all of the above could very well have been resolved thru mediation. But the immaturity of the mother at full display yesterday when judge spent some 15 minutes directly chatting to her 1-1 at the hearing. Not only she lost everything that she ever had, but she fell in my eyes so much in these last 2 years that I consider her synonym to dehumanize, and brings shame to the very idea of motherhood ! Mother created another 50 page bundle of repeating allegations and silly evidences, which I could have sworn was not looked at all by judge and cafass

It is also true that CAFCASS in a hurry to close the case ( i give them credit for getting section 7 right) trying to get me to accept one night per week. Judge put both cafcass and parties in the witness box for giving evidence before making the decision for 2 nights. So yeah this one went against CAFCASS recommendation.
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#5
That's excellent news for you, glad that it got resolved and that you can enjoy time with the children.
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#6
Again Ive followed your posts as your ex shows a very similar behaviour pattern to mine. Your order is fully deserved and you should be very proud of yourself that despite all the false allegations and needlessly trying to undermine your role as a Dad you continued through all those horrible times.
I wish you all the best with your children and being the Dad they like all other children need in their lives.
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#7
well done sean s on your result. you got 8 nights a month , but looks like the way its planned out it leaves it open for you to return to vary at a later date. I can see 8 nights becoming 10/12 nights in the future if you decide to ask for more later down the line. you secured your overnight during week , so if you return to court more weekend contact will be easy to get.
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#8
Congrats! Must have been a long and difficult road and I'm so pleased the judge saw straight through her, shocking she thinks she can have the children to herself!
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#9
(01-22-2020, 11:35 AM)SeanS Wrote: SO had the final hearing yesterday


After Finding of fact, section 7, spending 16 months at the contact center...

CAFCASS in their section 7 recommended this

a) there is no pattern of abusive behaviour from the father
b) No findings made of mother's concerns towards father of children welfare or capacity
c) Children contact to go ahead outside contact center 'immediately'
d) do not recommend DVPP for father based on Finding of fact
e) Children contact to build up gradually in community leading to 1 overnight stay, and 1 day of tea
f) MOther to be main resident and live-in with dad 


Mother asked for :

a) Court to recommend DVPP for dad !
b) father to continue at the contact center until father completes the course
c) After long conversation with CAFCASS, mother came around to contact build up but with pre-condition of DVPP !
d) Mother would agree an end state of only 1 night per week. Few special days and few holidays, thats it
e) Mother wants to be the main resident and accepts cafcass recommendation of live-in order for dad


Father (me) asked for :

a) Get the F out of contact center !
b) 3 nights per week, half the holidays, special days
c) During the course of the negotiation compromised one night over the weekend and, overnight on the day of weekday nursery pick up
d) Shared residence order


Judge said to the mother :

a) Contact MUST start in the community starting from this Sunday ! 
b) Dad is not the type of candidate for DVPP !
c) This is the kind of normal case where the norm is Dad gets 50-50 if he makes another application
d) What dad is asking whcih is 2 nights is absolute minimum 
(could hear mother gasping for breath at this time)
e) Interrupted mother when she was trying to say '2 nights is too much', judge quipped 'No it is not' 
f) Made a comment to the mother that mother fitted the pattern of most mothers who come to court asking for all the contact to themselves !

Final order :

a) I got 2 nights a week for start and made provision for dad to come back to court after mediation if I wanted more
b) all special days and festival days I asked for
d) Was out of time to talk about holidays, but I will wait for the order
d) No DVPP
e) Contact to begin this weekend
f) Mother got residence and I got live-in, but again made comment in the order that dad could come back asking for more time and shared residence order. 


I'm ecstatic and happy I couldn't sleep the whole night at the thought of having children home. I'm making preparations to welcome them this Sunday.

Great result.

In terms of going forward, to apply to vary this order now, you need to show good reason.

The good thing for you, is should you have to return to Court, the Court can now not entertain anything you ex should try to introduce that predates that order being made.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#10
Thank you all, it has been such a tumultuous time period the last couple of years but I would do this all over again for my children...!

MarkR - that is a good point and shocking as well to think Ex can not possibly throw any allegations from the past...Krikey it feels like someone is snatching her lifeline away from her Smile

Well I'm picking children up sunday morning, going to the park for some play, and driving them home for lunch and video chat with my family. Guess what, all of that would be so new to my twin children and to me as their daddy. Life is beautiful !

Have a great weekend all.
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