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final hearing and still scared
#1
Hi All

Long story short from a very scared dad, historically mum had residence order granted 2012 , last year the school telephone me to say my eldest had made some disturbing allegations against their mother, sickining emotional, physical,  mentally and sexually inappropriate behaviour, I was asked to pick them up from school, and I had them as usual over the weekend, social services indicated significant risk and wanted to make sure they were with me till Sunday night and they would get a social worker to talk to the children as soon as possible the following week, social services carried out their talks with the children, and they believed they were at significant risk if returned to mother , it was a very damning report, both boys said they wanted to stay with daddy, I appllied for a without notice hearing and was granted interim residence until proceedings were concluded, cafcass then supported me in recommending allowing the children to change schools to nearer my area under the provision that there previous schools kept their existing places open, mother was granted 2 hours supervised contact in the community with my mother, Cafcass report carried out , recommendations that the boys reside with me , again both boys stated it's what they wanted and they were scared. The children are 9 and 11, the court then allowed the request of mother a 3rd independent social worker report to investigate the mothers  claims of parental alienation and i've made them say all of this (ludicrous and actually turns out it's what she's been doing)  which ISW said was best carried out in a home environment, both children adamant they don't want to see mummy and the eldest is physically sick and suffers panic attacks, the school has raised it's concerns also to many professionals because they have observed that eldests mood and panic attack onsets are worse nearing the weekend.

The judge then ordered a fact finding hearing, but this has now suddenly changed to a final hearing out the blue.

Everyone tells me theres no way they would be sent back to their mother, but still I am so scared for the boys, I can see first hand how damaging this has been for them  and the trauma they suffer when having to go on visits, they become distressed when they see me in a suit, they think noones listening as why is it still going through the courts. I submitted a Scott report and statement but  Why a jump from fact finding to final hearing?

Is this from experience a good sign, please just some reassurance that it's unlikely that the judge could believe the mothers lies and denials and that bearing in mind they've been with me the past 5 months, all professionals are on in agreement, I won't go into details but she has lied her way through things all the way through since the seperation and she has actually been the one trying parental alienation since we split & I think thats whats so worrying, my mum says this time she's finally slipped up , I certainly hope so cause anything else and the children will be absolutely devasted as of course will I Sad.

Any comments appreciated.
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#2
Hi,

You never can predict what will happen in court. I have had all my homework done and social service and guardian were all supporting my case. I then got really unlucky with a crap judge and he went against all the experts advise.

However in your case there may be different reasons why the judge made this decision. Maybe your ex has not submitted any evidence or replied to it at all? Does she even has appplied for anything? Such as enforcement of her old order?

It is a bit odd and usually you would have at least another dispute resolution appointment/hearing before a final hearing. Sometimes judges combine this also.

I read this as a good sign and that the judge is in the opinion that there is no dispute or that at least that the facts are clear to make a final order.

You have strong arguments on your side and your children are at a age where their opinion may be considered also.

If the judge turns this case around he will be on risky territory because he has not ordered/done a fact finding to investigate the allegations. That can only mean acceptance of fact and I would be surprised if mum gets any other access than supervised - if at all maybe even only indirect contact.

The judge would obviously know that if he turns this case around that you would appeal instantly. With Cafcass and social service on your side it's very unlikely the judge would make such a decision. If this goes to a court of appeal that would be end of career for this judge.

Looking all good, although you never really know but here I would think you can relax!

Well done and good luck!

F.
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#3
When is the final hearing @lovingdad19? We'd be interested to hear how you got on. Hope it all went as well as you hoped, if it's already happened.
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