Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
So time for me to go back
#1
So, I have a court order (which both sides have broken at the moment - I couldn't afford a hair strand test at that point and she moved 180 miles away and forced me into a contact centre without any negotiation - even a mediator said its a lost cause)

I am going to have to go back to get out of the contact center as my ex wants me in there until my kid is 18 - even the contact center says this isnt happening.

I know this is going to be a variation on the order - I intend to go for the "normal" contact, but due to me having a police record, I can see my ex throwing that at me again ..... and also saying I am a druggie, alcoholic, etc ..... both of which I am not....

Any advice guys?
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
Reply
#2
(06-10-2019, 10:13 AM)invisibleintellectual Wrote: So, I have a court order (which both sides have broken at the moment - I couldn't afford a hair strand test at that point and she moved 180 miles away and forced me into a contact centre without any negotiation - even a mediator said its a lost cause)

I am going to have to go back to get out of the contact center as my ex wants me in there until my kid is 18 - even the contact center says this isnt happening.

I know this is going to be a variation on the order - I intend to go for the "normal" contact, but due to me having a police record, I can see my ex throwing that at me again ..... and also saying I am a druggie, alcoholic, etc ..... both of which I am not....

Any advice guys?

Without putting the detail here, is the Conviction "Spend" under The Reabilitation of Offenders Act"?
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
Yeah conviction is spent - has been for about four years .... still doesnt stop her beating me over the head with it (Strangely enough it was her that reported me for alleged conviction, and her that was the star witness)

She also used that in the last CAO, so I dont think she can use it again ........
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
Reply
#4
(06-10-2019, 01:36 PM)invisibleintellectual Wrote: Yeah conviction is spent - has been for about four years .... still doesnt stop her beating me over the head with it (Strangely enough it was her that reported me for alleged conviction, and her that was the star witness)

She also used that in the last CAO, so I dont think she can use it again ........

On an application to vary, you can only bring up things that was not known at the time the last order was made. As far as the law is concerend, it has already been considered.

Unless the Judge thinks that the offence is relevent to child protection/welfare, it can not be used in Family Law if barred under Reabilitation of Offenders Act.
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
#5
Great advice from MarkR as always.
 
All I would add from a personal experience, and that of a few others I have helped is to never let false accusations or spent convictions deter you from pursuing contact with your children via the family courts.  
 
All situations and unique, but staying calm, having a plan, and being prepared will go a long way. Good luck
Reply
#6
Do I need to go back to mediation on an application to vary? I cant remember
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
Reply




Users browsing this thread: 1 Guest(s)