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contested hearing
#1
Good morning all, 

I have not seen my kids for 3 months and have already been to 2 court hearings. the final one is a contested hearing. although i feel i done well so far i am seeking some advice. my gut instinct is telling me i should get a solicitor or barrister for the contested hearing. i have a strong case , but feel its a disadvantage being a litigant as i might not get my point accross like a solicitor would and they can explore avenues i dont even know. also i feel i should for childrens sake get the best possible outcome. allegations have been made all false and theres a lot of stuff i feel a solictor can explain better than myself to courts to prove how nasty/malicious ex is and how far she is willing to go to prevent contact.
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#2
hi warwickshire, sounds like your very much like me? like you i have done this on my own, and i totaly understand , were ur coming from, what how to say things,, at even then when you get in there ya mind goes blank, im looking at it this way,im fighting to see my child, and if i cannot then, whos the best to do that,,, answer ,, it is me, im dad, and if you have given it your best all though the court process, the nasty ex,, the alligations,, and the upset not seeing the child,, you have done your best mate, you have given all you can,, its all about money, and the money ive got baby gets,, not some solicitors new car,, ? how did we ever get in this position,, i really dont no,, what i do no is we have lovly kids, and the mother hates us for wanting to be a part of childs life,, its wrong and crule, in my opinion,
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#3
I would like to also add i already have a court order in place thats not being followed. i dont see how my order can be changed unless theres a very good reason. all ex has done has made up more allegations and nothing to back them up as its not true.

but i meantime i dont see kids for yet another 5-6 weeks
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#4
I also have a court order in place. It stopped being followed when she found out it wasn't enforceable, so am applying for a defined order and shared care. Also had allegations - after 9 years of parenting! Are you enforcing or applying for existing order to be varied? I had advice to ask for more than you want so room to pull back. If she is making allegations and witholding contact there is a good argument for saying a "lives with both parents" shared care agreement is necessary to take away the concept of one resident parent who thinks she is the more important parent and is not doing things by agreement, but unilaterally. So for example, at statement stage, you could say you have reconsidered what kind of schedule would be helpful for kids now and ask for xyz. Five nights a fortnight is ok for shared care "lives with both parents" - it doesn't have to be 50/50 time.

eg Friday night to Sunday morning every other week-end and a midweek night once a week.

What is your schedule supposed to be at the moment? The main argument is continuity and stability for the children.
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#5
at the moment despite doing nothing wrong. i not seen children for 3 months as shes not following court order. court are aware she is possibly breaching . i was offered supervised by ex and video calls , i turned it down as i feel she will not prepare children for contact and if i phone get them to say nasty things to me to push my buttons.

Its now a contested hearing , she has a solicitor. i now feel i need one as they will get points accross better than me and her statement is full of lies, saying i dont love my kids or do anything with them. yet i got a load of photos of them being out and doing fun things all dated. it is very clear she hates me and just wants me out of the childrens lives.

i am applying to enforce order and she has done a counter application to vary the order. hers went in 1st, i breached her when she kept children off school to prevent contact twice in 1 week
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#6
(02-16-2018, 02:54 PM)Charlie7000 Wrote: I also have a court order in place.  It stopped being followed when she found out it wasn't enforceable, so am applying for a defined order and shared care.  Also had allegations - after 9 years of parenting!  Are you enforcing or applying for existing order to be varied? I had advice to ask for more than you want so room to pull back. If she is making allegations and witholding contact there is a good argument for saying a "lives with both parents" shared care agreement is necessary to take away the concept of one resident parent who thinks she is the more important parent and is not doing things by agreement, but unilaterally.  So for example, at statement stage, you could say you have reconsidered what kind of schedule would be helpful for kids now and ask for xyz.  Five nights a fortnight is ok for shared care "lives with both parents" - it doesn't have to be 50/50 time.

eg Friday night to Sunday morning every other week-end and a midweek night once a week.

What is your schedule supposed to be at the moment? The main argument is continuity and stability for the children.

Mine is meant to be every other weekend overnight stays and 1 day contact after school and every other friday when no weekend stay pick up from school for few hours
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#7
So you could ask for every other week-end, as now, from Friday after school to return to school Monday (3 nights), and every thursday night overnight (instead of the two after school contacts). The week it's your week-end it would be Thurs, Fri, Sat Sun. On a shared care basis. (ie lives with both parents)

Your argument being the children need the stability of a regular schedule and regular time with both parents.

I have found it a big help having a solicitor and barrister for a final hearing. The solicitor helps write a good statement and references the evidence. And the barrister can pick holes in your ex's argument. But there are plenty of people on here who have done it themselves and got a good result. It maybe comes down to how much time you have and how confident you are in these things. I am expecting to have to go back in the future for a further hearing (expect ex will apply to vary again in the future) and may well have to do it myself next time! But have learned a lot from have solicitor and barrister this time. And hearing yet to come.
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#8
yes due to have a contested hearing. i already have a court order. she has made up loads of false allegations, however no evidence to back it up as completely untrue. i now cause of this have no contact as they allowing her to breach until contested hearing. one big allegation was she claimed i drink to excess. already done test and its negative

guess i am going to need a solicitor or barrister though to make sure i get what i want
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