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First hearing dispute resolution appointment (FHDDA)
#1
Hi was wondering what I might come away with self representing.  Currently not seen children since January 2019, theres a court order in place where I have half of the holidays fri until Monday every 2 weeks and play and supper during week every week on a Tuesday.

This maybe a good thing rather than lay magistrates I have a district judge , there is a long history of ex  been awkward and coaching children , alcohol test that was negative and many other things. Children are on a child protection  plan also where social services have been of no help.  

I am doing a parenting course which is good as u can always Improve as a parent and learn.  What the problem is I have had  no contact and even a letter was refused  by ex to be read to children. My eldest son done like a flying kick and landed on his shoulder and had a fractured collar bone whilst in my care . I took him to hospital a day later as didnt know he had fractured collar bone and he refused to go and I thought he be ok next day . When eldest son returned to ex partners care few days later she has got him and my youngest son to say I have done it  and  now been charged with gbh with intent but havent  been stopped seeing kids other than by ex partner who wants me out of her life. She is manipulative and narcisstic . 

Family courts are only people that do know what she is like , i have asked for supervised for very least as not seen them for so long . I am on trial later this year but have lots of evidence to produce that will show ex is lying
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#2
What evidence could she show to prove beyond doubt that you inflicted this injury on your child?

So the trial, if it does go ahead, should be be an acquittal. It may well be NFA (no further action) at the last minute, literally even couple of days before trial!

I would have thought that given your history with your ex suspending contact on no basis in the past and her hostility to you combined with your own evidence of happy and loving relationships with your children, no history or abuse etc, would make social services the manipulation and coaching. They are being ‘cautious’ in their eyes no doubt.

I think a district judge is a better choice in your case. More experience and knowledge of the law and the fact that they have a career as judges and a reputation to protect mean is they are naturally keen to avoid (successful) appeals against their judgements. DJ’s can be more firm and robust and finally and very importantly can provide judicial continuity something that with magistrates is impossible.

When is your FHDRA? With a charge of gbh and no real help from social services it is harder to see an interim order for contact pending the criminal trial. A fact finding would normally likely be required though I am not certain given that there is a pending criminal trial what the position of the court will be on that.

What are the dates of your hearing and trial?
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#3
Sorry it's more social worker thats unhelpful. She is leaving thoughSmileLead social worker and chair have been ok. Children are under category emotional/domestic harm and not physical. I have 4 witnesses to counter act what ex has coached children to say. Ex has made nasty statement full of lies and u can tell a child wouldn't say what he has been told to say. One example was he is 7 years old " I knew I had broken a bone " . He refused to go hospital full stop , ex has got him to say he pleadd with me to take him.he stayed with me for 2 days after incident and was happy . Concerns were only raised after ex got my oldest to lie. Trial is in October. Social services said we aren't stopping u seeing children , u need to mediate or seek contact with ex .. ex has now received court application , now suddenly wants to mediate and move forward and allow letter to be read but it's just words. I been kept away from kids cause she's scared they will tell the truth especially the youngest one as hes un predictable . Also police been more Interested in getting a charge than proving my innocence , even bodycam footage vanishing and being destroyed ( clearly helping me in some way )

My family court date is end of July. But I am innocent and district judge should order supervised contact at least on that basis , they also know in family court what she is like due to 5 years of family court appearances. I won all final hearings to date, as she wont go in stands . Also they know children love seeing me..contact observed..alcohol test passes..this was used last time resulting in no contact for 6 months as well. Another lie by her.

If she puts me through fact finding and criminal and found out . I am going to go for change of residency. I have family members on her side that want to help me as well as they know what she is like. One maybe putting statement Into criminal court
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#4
Are Cafcass involved again?
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#5
Yes I think supervised interim contact is certainly possible, sorry I was referring to unsupervised in my post. Of course the DJ can’t make a finding that you are ‘innocent’ without a fact-finding. Keeping in mind that somebody can be found not guilty in criminal court but the fact found to have happened in family court. Due to the different burden of proof in each court. There is authority on that. I don’t recall the case of the top of my head but I can search for it if and when you may need it.

If you wish for and can support change of residence ( I mean practically, work hours etc) then it sounds like your case meets the ‘threshold’ as suggested in Re:L

https://www.familylawweek.co.uk/site.aspx?i=ed201173
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#6
Yes cafcaaa are

They are turning up hour before hearing for pre discussions
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#7
If my ex makes me do a fact finding I will be pushing for a transfer of residency . Its absolutely ridiculous what she is doing and what she is putting children through
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#8
It’s this abhorrent kind of behaviour which can harm children that can actually trigger the court to consider change of residency.
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