Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Nearly there
#1
Finally got order agreed before the deadline to return to Judge today and it's been sent off to be sealed.  Over a month after being consented to at court!  Just got firm over the last point and said - no further negotiations - sending it back to court for Judge to decide and last point got agreed.

I won't believe it till I actually get the stamped order in my hands!  Haven't given way on anything too important to get it agreed so it is a result - but not as good a result as it should have been!

Now I just have to work out how to stop feeling like a coiled spring permanently and try and remember how to have a life.
Reply
#2
Charlie, if im correct they bulls up ur consent order initially, am I correct?

The same thing happened to me. I wanted to know what happen to rectify it.?

I was ignored by the courts even when addressing the matter before the order was even sealed and ended up having to take it to the appeal court.
I think they took me for a mug cos I spent 1000s n still waiting for retrial
Reply
#3
It sounds like the situation is a bit different. The order was consented at court. I already had the draft order drawn up and that was used to agree or disagree any points by negotiation with the other side, not actually at a hearing. A few things were disagreed and removed. The couple of last disagreed things meant it wasn't workable, so it was then a case of either forget the negotiations and go in for the full hearing, or go before the Judge to have those two things decided by her, which is what I did and she found them in my favour.

So at that point there was an agreed consent order and it was all there in black and white with the wording and everything. Recorded on the draft used in court also. Now if they'd had a laptop and that draft order to hand on it, it would only have taken 30 minutes or so to amend it and add or remove the various changes, then it could have been printed out and sealed.

On the other hand, a new needed adding after the Judge's ruling. And apparently it's common practice to go away, get it all right,and a formalityto send it to the other side for approval before sealing. But as I guessed, my ex tried everything she could to get out of a lot of it after we left court. So we sent it back to the court, with a copy of the letter from the other side wantingto change x,y,z - saying - this is exactly as consented to in court and asking the Judge to seal it.

Seems Judge clearly couldn't remember much about it and gave a waffly response about having 7 days to agree it or it would have to come back to court for another hearing. My first instinct was to go back for another hearing. But then thought the court might not be too impressed if I hadn't tried to at least resolve one of the "afterthough" issues ex had. Return time got extended.

I think the difference is, the basic details of times days and lives with status on my order are correct - it was just difficult getting the order sealed without having to renegotiate some points. Whereas with you it sounds like they have put something completely different for the basics of who the children live with and the times etc.

So I would be thinking. Who drew up the order? Was it the ex's solicitor? And why wasn't it sent to you for approval before being sealed, if it was a consent order? If it was ordered by the magistrates then it isn't a consent order. And you say it's a consent order.

Sounds like what you need for next hearing is a record of what was agreed a court. Although you would think they would have records.
Reply
#4
Thank you . Much appreciated for your reply
Well the Cafcass office seems to have amended what I had laid on the table. Being the resident dad I gave the mother an extra day ,so every other weekend and 2 tea time contacts on 2nd week.plus conditions in place before progression of stayed contact.
My main details some how vanished.
I got bamboozled.
It was a consent order to start then I wasnt happy how the ex started to change stuff while in the hearing and also cafcass.

Cut a long story short. Had to appeal because the courts took a blind eye too it when I addressed it with them the following day when I received the unsealed copy by email.
I didnt even see the draft copy in the hearing either.

I guess my mistake.
Why do fathers feel guilty when the mothers make the application for CAO.
Feels like I'm depriving her of time with child..NEVER AGAIN.
Give an inch they take a mile .
Reply
#5
Yes and having said my bit I have still to receive my order and see if it was what was agreed! Saw it before it was sent but I hope nothing has been changed on it by the Judge before it's approved and sealed.

I think Cafcass changed your order. (I think I mentioned that happened at my previous hearing). But if it ended up being a consent order, drawn up by someone else, then it shouldn't have been sealed until you had approved it. If it was sealed on the day you should have seen it then before it was sealed.

I hope your appeal sorts it out. Have you got any details of what was agreed on the day? Can't trust anyone!
Reply
#6
Yes I have details of what was agreed on the day . Which is exactly what I had in my position statement with an additional tea time contact
Everything else was bs.

Residents remain with dad ,changed to shared
Every other weekend changed to 3nights a week

Holidays happy with 50/50 changed to 70% with mum

No safeguarding provisions in place that I requested before progression of contact and stayed contact.

Such a triple P, dv course including anger,family assisted order,mother secures her own accommodation
No oversea travel, changed to 2weeks in non haque country 2019. (She has previously made attempts to remove)

So even a a resident parent before the final hearing the system screwed me over .
Its a disgrace. I cannot wait till this is over so I han let the skeletons out of the closet. Have a enough shit to bury those responsible in making such a simple order drag out as long as it has done. Never trust anyone.
Especially ppl who say they are looking put for the best interest of the child.

Ombudsmen has investigated and got evidence that Cafcass have documented information to be false etc.
Every tom dick n harry is lying.
Reply
#7
(03-30-2018, 01:07 PM)asd1270 Wrote: Yes I have details of what was agreed on the day . Which is exactly what I had in my position statement with an additional tea time contact
Everything else was bs.

Residents remain with dad ,changed to shared
Every other weekend changed to 3nights a week

Holidays happy with 50/50 changed to 70% with mum

No safeguarding provisions in place that I requested before progression of contact and stayed contact.

Such a triple P, dv course including anger,family assisted order,mother secures her own accommodation
No oversea travel, changed to 2weeks in non haque country 2019. (She has previously made attempts to remove)

So even a a resident parent before the final hearing the system screwed me over .
Its a disgrace. I cannot wait till this is over so I han let the skeletons out of the closet. Have a enough shit to bury those responsible in making such a simple order drag out as long as it has done. Never trust anyone.
Especially ppl who say they are looking put for the best interest of the child.

Ombudsmen has investigated and got evidence that Cafcass have documented information to be false etc.
Every tom dick n harry is lying.
That is good that Ombudsman have investigated and found this.  It sounds to me like Cafcass basically over-ruled everything and decided there were no welfare issues and decided on 50/50 care (although not quite that if she has 70% of the holidays).  They sound like the were biased towards your ex. It is one thing for Cafcass to recommend something to a Judge as to an order, but another thing to decide the pattern of 50/50 and then call it a consent order! Does it actually say "It is ordered by consent" on it?
Reply
#8
Yes Charlie .It state consent. A order with conditions I never agreed to or in fact aware off.
My N161 appellants application went in Nov 17, the appeal was given permission to appeal the order. Date set for appeal hearing in Dec 17, that date got vacated. I then put in for a emergency hearing, then told to wait till the appeal hearing?
Appeal hearing was in Jan 18,which was successful. Date set for a new final hearing March 18, that got vacated and again in April 18, so I'm in a position where they keep delaying the final hearing.
Mean time my kids getting emotionally confused over all this,safeguarding concerns left unaddressed etc.

Well its the half term. I pulled the plug on contact .
I think I have all the right to keep my son safe from harm.
So 2 weeks of no contact with the mother, ie 4 consecutive nights??? A week? Never agreed that in the first place.
But im in court in less than 2 weeks so will bat it back to the courts to comfirm if it is ok for them to put my child at harm etc while they count their ££££s from these hearings.

Its a sham.Lets see if a rule 16.4 that cafcass have applied for is considered by the judge.
They are so avoiding the main issue around how they blindsided the safeguarding issues.
The ex right before the first hearing in may 17 made a application to withdraw the CAO. But cafcass persuaded the judge not too due to concerns.
So which is it??
Concerns or no concerns. you would think common assault and police logs of DV would nail the ex in a coffin. The matter is it was all not mentioned. I was taking to a brick wall in court.
Oh well lets see what happens.
Reply
#9
Sorry it's been put back again. If you have evidence of risk to the children in social services and police reports then the court will have to take notice. But they will only work with evidence. Had to look up rule 16.4. It seems to be about appointing a court guardian?
Reply
#10
Yeh , rule 16.4, for a child arrangement order as simple as mine. I wonder if they would appoint one if the shoe was on the other foot.
The system is a joke. Ive only know a rule 16.4 being used when its a case where a placement order or adoption care proceeding active.

I have to contest if the guardian appointed is the same cafcass officer as she was so incompetent in all her involvement throughout my case with so many factual inaccuracies.lies etc.

Anyway not heard from the ex since Thursday , she normally calls to speak with kid. I guess the letter from the solicitors stating I've pulled contact due to concerns around safeguarding has stopped her.

I am curious to how the courts will deal with my actions given that they promoted contact when risk assessments had not been carried out.
Reply




Users browsing this thread: 1 Guest(s)