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Help Please - Joint Custody
#1
Dear all,

I have found this forum extremely useful since my separation from ex. I have gone through the mill as well as most of the other members here, long story short:
  • Last September ex applied for a Non-Molestation Order and Occupation Order alleging domestic violence throughout the 9 year marriage.
  • I appeared in court a week later, her lawyer proposed me to accept an undertaking and they were ready to drop the NMO and OO.
  • I refused, and asked for a finding of fact hearing. Case listed for 2 day hearing in November.
  • Her solicitors went to different agencies like DV support, police for reports that said she is a high risk, to bolster her case for the fact finding hearing.
  • I put a C100 application to see my children aged 9 and 5.
  • She made more allegations to CAFCASS, they recommended no contact to the court until the finding of fact hearing.
  • I submitted a massive bundle of evidence to counter all the allegations made against me. 
  • On the day of the hearing, her lawyer came back again with the proposal of undertaking and I accepted, thinking retrospectively I shouldn't have. I didn't accept the first time because I thought of clearing my name and get back with her. But things went downhill between September and November, she made more allegations and going to all the agencies. Hence I thought the marriage is clearly over and I wanted to move on.
  • Accepted supervised contact for 2 months as the kids didn't see me for few months. All sessions were great.
  • Wife refused unsupervised contact after 2 months, so I went back to court for CAO variation.
  • While waiting for the CAO hearing, she made more allegations to the police and got me arrested a few times. I was released with NFA on all the instances.
  • During the CAO hearing, her lawyer started circling back again on all the previous DV allegations, the Judge was having none of that saying there were no finding of facts and they had the opportunity when the case was listed for 2 days.
  • Judge ordered CAFCASS for S7 report and progression plan including overnights to be submitted before the next court hearing.
I am seeking joint custody of the children. I am seeing them every other week at a contact centre (supported contact) until the S7 report is made. I live 10 miles away from the FMH. Given the circumstances is there a possibility of having joint custody please?
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#2
(04-27-2017, 08:38 AM)notadeadbeat Wrote: Dear all,

I have found this forum extremely useful since my separation from ex. I have gone through the mill as well as most of the other members here, long story short:
  • Last September ex applied for a Non-Molestation Order and Occupation Order alleging domestic violence throughout the 9 year marriage.
  • I appeared in court a week later, her lawyer proposed me to accept an undertaking and they were ready to drop the NMO and OO.
  • I refused, and asked for a finding of fact hearing. Case listed for 2 day hearing in November.
  • Her solicitors went to different agencies like DV support, police for reports that said she is a high risk, to bolster her case for the fact finding hearing.
  • I put a C100 application to see my children aged 9 and 5.
  • She made more allegations to CAFCASS, they recommended no contact to the court until the finding of fact hearing.
  • I submitted a massive bundle of evidence to counter all the allegations made against me. 
  • On the day of the hearing, her lawyer came back again with the proposal of undertaking and I accepted, thinking retrospectively I shouldn't have. I didn't accept the first time because I thought of clearing my name and get back with her. But things went downhill between September and November, she made more allegations and going to all the agencies. Hence I thought the marriage is clearly over and I wanted to move on.
  • Accepted supervised contact for 2 months as the kids didn't see me for few months. All sessions were great.
  • Wife refused unsupervised contact after 2 months, so I went back to court for CAO variation.
  • While waiting for the CAO hearing, she made more allegations to the police and got me arrested a few times. I was released with NFA on all the instances.
  • During the CAO hearing, her lawyer started circling back again on all the previous DV allegations, the Judge was having none of that saying there were no finding of facts and they had the opportunity when the case was listed for 2 days.
  • Judge ordered CAFCASS for S7 report and progression plan including overnights to be submitted before the next court hearing.
I am seeking joint custody of the children. I am seeing them every other week at a contact centre (supported contact) until the S7 report is made. I live 10 miles away from the FMH. Given the circumstances is there a possibility of having joint custody please?

Very little due to you accepting the undertaking.

You should get Friday till Sunday every 2 weeks, and upto half school holidays. Indirect contact can also be part of an order, for example telephone or social media.

I would get contact in place, and then look for a good reason as to why it needs to be looked at again, something new after the order is made, so you can go in on application to vary.
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.
Reply
#3
(04-27-2017, 07:03 PM)MarkR Wrote:
(04-27-2017, 08:38 AM)notadeadbeat Wrote: Dear all,

I have found this forum extremely useful since my separation from ex. I have gone through the mill as well as most of the other members here, long story short:
  • Last September ex applied for a Non-Molestation Order and Occupation Order alleging domestic violence throughout the 9 year marriage.
  • I appeared in court a week later, her lawyer proposed me to accept an undertaking and they were ready to drop the NMO and OO.
  • I refused, and asked for a finding of fact hearing. Case listed for 2 day hearing in November.
  • Her solicitors went to different agencies like DV support, police for reports that said she is a high risk, to bolster her case for the fact finding hearing.
  • I put a C100 application to see my children aged 9 and 5.
  • She made more allegations to CAFCASS, they recommended no contact to the court until the finding of fact hearing.
  • I submitted a massive bundle of evidence to counter all the allegations made against me. 
  • On the day of the hearing, her lawyer came back again with the proposal of undertaking and I accepted, thinking retrospectively I shouldn't have. I didn't accept the first time because I thought of clearing my name and get back with her. But things went downhill between September and November, she made more allegations and going to all the agencies. Hence I thought the marriage is clearly over and I wanted to move on.
  • Accepted supervised contact for 2 months as the kids didn't see me for few months. All sessions were great.
  • Wife refused unsupervised contact after 2 months, so I went back to court for CAO variation.
  • While waiting for the CAO hearing, she made more allegations to the police and got me arrested a few times. I was released with NFA on all the instances.
  • During the CAO hearing, her lawyer started circling back again on all the previous DV allegations, the Judge was having none of that saying there were no finding of facts and they had the opportunity when the case was listed for 2 days.
  • Judge ordered CAFCASS for S7 report and progression plan including overnights to be submitted before the next court hearing.
I am seeking joint custody of the children. I am seeing them every other week at a contact centre (supported contact) until the S7 report is made. I live 10 miles away from the FMH. Given the circumstances is there a possibility of having joint custody please?

Very little due to you accepting the undertaking.

You should get Friday till Sunday every 2 weeks, and upto half school holidays. Indirect contact can also be part of an order, for example telephone or social media.

I would get contact in place, and then look for a good reason as to why it needs to be looked at again, something new after the order is made, so you can go in on application to vary.
Thanks MarkR, makes sense. 

I am hoping the CAFCASS report doesn't go against me again as it did the first time around due to ex's allegations. Fingers crossed!
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