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breach of order
#1
hello im soon to return to court for enforcement of child arrangements order
bit of history ,first went to court 6 years ago when my daughter was 2
ex made all sorts of false allegations
daughter doesn't want to come
alcohol issues,took alcohol tests and passed
health issues,got a letter off doctor to say I was ok

these were amongst numerous false issues
took 3 years to get a contact order,all the way through it I insisted my ex was coaching my daughter and alienating me
ive had the school involved but they seem powerless to do anything

over the last couple of months ive barely seen my daughter as alienation continues
my daughter refuses to see her older sister or indeed any of my family,whenever they are at my home she asks to return home
the problem is whenever I ask my daughter what the issue is she just says I want to go home ,and although im positive the mother is coaching her im finding it hard to prove

so a few questions

1 ,I have a cafcass interview next week how do I approach the subject of proving alienation

2,my daughter is 8,is the judge likely to award less contact

3 ,im representing myself as no legal aid and im disabled so don't work,so any advice for the first hearing would be great

4,also am I likely to be dragged through the process for 3 years again,and could the judge order more alcohol testing at the first hearing if my ex makes false allegations again,and if so who would pay for them

sorry for the long post
Reply
#2
Hi,

My opinion on your questions:

1. CAFCASS has been asked to do safeguarding checks. This is almost standard procedure and they are meant to provide some background on your case as well as to flag up any welfare concerns.

Tell them about your previous case and give them as much details and informations you have but try to avoid to blame your ex of parental alienation. You may say that you feel your child being alienated but be a bit careful with the vocabulary. The term parental alienation is not really reckognized from the courts as far as I believe and you would pull the big gun right from the start.

CAFCASS should get the message from the details you provide them with.

2. Unlikely as your child is not old enough that her wishes and feelings are considered. However it could be ordered that Cafcass writes a wishes and desires report as usually it is from 10 years onwards that the little ones will be asked also, I believe.

3. There is a section in every application if the court needs to be aware of any special requirements. You can phone them and ask them to make arrangements for your needs.

Relax, you have been through this already and you know how this works.

4. Unlikely, if you filed for enforcement. The point for an enforcement is that a court order is followed. 3 years waiting would be completely unreasonable and unacceptable. 6 months at max. I would say.

F.
Reply
#3
(05-17-2017, 08:11 PM)Frisbos    thank you very much Wrote: Hi,

My opinion on your questions:

1. CAFCASS has been asked to do safeguarding checks. This is almost standard procedure and they are meant to provide some background on your case as well as to flag up any welfare concerns.

Tell them about your previous case and give them as much details and informations you have but try to avoid to blame your ex of parental alienation. You may say that you feel your child being alienated but be a bit careful with the vocabulary. The term parental alienation is not really reckognized from the courts as far as I believe and you would pull the big gun right from the start.

CAFCASS should get the message from the details you provide them with.

2. Unlikely as your child is not old enough that her wishes and feelings are considered. However it could be ordered that Cafcass writes a wishes and desires report as usually it is from 10 years onwards that the little ones will be asked also, I believe.

3. There is a section in every application if the court needs to be aware of any special requirements. You can phone them and ask them to make arrangements for your needs.

Relax, you have been through this already and you know how this works.

4. Unlikely, if you filed for enforcement. The point for an enforcement is that a court order is followed. 3 years waiting would be completely unreasonable and unacceptable. 6 months at max. I would say.

F.

(05-17-2017, 08:16 PM)mb1985 thank you very much for your help Wrote:
(05-17-2017, 08:11 PM)Frisbos    thank you very much Wrote: Hi,

My opinion on your questions:

1. CAFCASS has been asked to do safeguarding checks. This is almost standard procedure and they are meant to provide some background on your case as well as to flag up any welfare concerns.

Tell them about your previous case and give them as much details and informations you have but try to avoid to blame your ex of parental alienation. You may say that you feel your child being alienated but be a bit careful with the vocabulary. The term parental alienation is not really reckognized from the courts as far as I believe and you would pull the big gun right from the start.

CAFCASS should get the message from the details you provide them with.

2. Unlikely as your child is not old enough that her wishes and feelings are considered. However it could be ordered that Cafcass writes a wishes and desires report as usually it is from 10 years onwards that the little ones will be asked also, I believe.

3. There is a section in every application if the court needs to be aware of any special requirements. You can phone them and ask them to make arrangements for your needs.

Relax, you have been through this already and you know how this works.

4. Unlikely, if you filed for enforcement. The point for an enforcement is that a court order is followed. 3 years waiting would be completely unreasonable and unacceptable. 6 months at max. I would say.

F.
Reply


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