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Acrimonious separation and custody battle
#1
6 Weeks ago I left my wife having been subjected to years of physical and psychological abuse. I moved into temporary accommodation. We have a 3 year old daughter and she is my entire world. We do everything together and we have far more than a typical father/daughter relationship. My wife appears to be hell bent on getting revenge on me and on 31 May she deceitfully snatched my daughter from me in a pre-meditated trap. I had previously raised concerns to her about her state of mind and that I didn't think she was looking after our daughter properly since I had left. I had been in contact with social services etc. to inform them of my concerns and had arranged a meeting. I told my wife I wanted my daughter to stay with me until social services had assessed her but made it absolutely clear I was not keeping her from seeing my daughter and made plans for them to spend time together. 

On the day in question I dropped my daughter off at my former home having been to my parents for the weekend with her. I made arrangements to drop my daughter off and pick her up at a set time to which my wife agreed in writing in an email. As soon as I left she locked the doors behind me and has refused to let me see my daughter since or even allow me to access the house to collect my clothes and personal possessions. I still pay all rent, utilities and insurances on the house. I went to the house last week with the police and my wife locked all the doors and left the keys in them locks. She then closed all the curtains and hid inside. Because this is a civil and not criminal matter the police are not able to force entry. My solicitor has continually tried to negotiate contact but my wife has refused to cooperate on all grounds. She did agree to "allow" me to have one 5 minute video call with my daughter. When I made the call my daughter immedialtye started crying and screaming. I tried to calm her down and tell her I love her and my wife hung up. It was heart breaking.

She has refused to go to joint mediation and has claimed that she is a victim of domestic abuse. This is absolute rubbish and is just her reflecting her behaviour onto me. She has attacked me multiple times during the course of our relationship. I did have photos of previous injuries but she has deleted them all. I do have other evidence such as statements from friends and a police report from when I had to once call 999. Her solicitor has been absolutely awful and has incited so much trauma in supporting her unsubstantiated allegations. As communication has totally broken down she is shortly to be issued with a court order. This is my concern.

I want my daughter to live me but I'm not sure how successful I will be. I can provide everything she needs as per the child welfare check list and will allow my wife to see her as much as possible. I firmly understand that my daughter needs to have both parents in her life. My wife will want to have my daughter live with her and I know she will continue to alienate her from me for years to come. She will also probably be able to prove she can provide everything for her. Although social service did an assessment they did not raise any concerns because, funnily enough, the day they visited the house was the cleanest it has ever been, the fridge was full of food and my wife and daughter were immaculate.

Even though my wife has admitted to assaulting me she will deny it in court. I have some evidence but am not sure it is enough. All of this however does not relate to my daughter and I'm concerned it will all be overlooked and it will be a case of who is she best living with.

Any advice would massively help. Thanks so much.
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#2
(06-13-2017, 09:32 PM)Pdaddy Wrote: 6 Weeks ago I left my wife having been subjected to years of physical and psychological abuse. I moved into temporary accommodation. We have a 3 year old daughter and she is my entire world. We do everything together and we have far more than a typical father/daughter relationship. My wife appears to be hell bent on getting revenge on me and on 31 May she deceitfully snatched my daughter from me in a pre-meditated trap. I had previously raised concerns to her about her state of mind and that I didn't think she was looking after our daughter properly since I had left. I had been in contact with social services etc. to inform them of my concerns and had arranged a meeting. I told my wife I wanted my daughter to stay with me until social services had assessed her but made it absolutely clear I was not keeping her from seeing my daughter and made plans for them to spend time together. 

On the day in question I dropped my daughter off at my former home having been to my parents for the weekend with her. I made arrangements to drop my daughter off and pick her up at a set time to which my wife agreed in writing in an email. As soon as I left she locked the doors behind me and has refused to let me see my daughter since or even allow me to access the house to collect my clothes and personal possessions. I still pay all rent, utilities and insurances on the house. I went to the house last week with the police and my wife locked all the doors and left the keys in them locks. She then closed all the curtains and hid inside. Because this is a civil and not criminal matter the police are not able to force entry. My solicitor has continually tried to negotiate contact but my wife has refused to cooperate on all grounds. She did agree to "allow" me to have one 5 minute video call with my daughter. When I made the call my daughter immedialtye started crying and screaming. I tried to calm her down and tell her I love her and my wife hung up. It was heart breaking.

She has refused to go to joint mediation and has claimed that she is a victim of domestic abuse. This is absolute rubbish and is just her reflecting her behaviour onto me. She has attacked me multiple times during the course of our relationship. I did have photos of previous injuries but she has deleted them all. I do have other evidence such as statements from friends and a police report from when I had to once call 999. Her solicitor has been absolutely awful and has incited so much trauma in supporting her unsubstantiated allegations. As communication has totally broken down she is shortly to be issued with a court order. This is my concern.

I want my daughter to live me but I'm not sure how successful I will be. I can provide everything she needs as per the child welfare check list and will allow my wife to see her as much as possible. I firmly understand that my daughter needs to have both parents in her life. My wife will want to have my daughter live with her and I know she will continue to alienate her from me for years to come. She will also probably be able to prove she can provide everything for her. Although social service did an assessment they did not raise any concerns because, funnily enough, the day they visited the house was the cleanest it has ever been, the fridge was full of food and my wife and daughter were immaculate.

Even though my wife has admitted to assaulting me she will deny it in court. I have some evidence but am not sure it is enough. All of this however does not relate to my daughter and I'm concerned it will all be overlooked and it will be a case of who is she best living with.

Any advice would massively help. Thanks so much.

The fact that she made the claims, I am not sure why your Solicitor is not filling out a C100, to get it sorted via Court.
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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#3
My solicitor has done that today. It's is being accompanied with a C1A detailing the domestic abuse I've been subjected to. I'm just concerned about what the outcome will be when we go to court.
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