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Court hearing date changed
#1
Hi dads,

I was due to be in court in August to have fact finding hearing due to false allegations my ex mad against me. It’s been almost a year that she took the kids away from me. I applied for children arrangement order the next day. She applied for prohibited steps order so I can’t remove children out of her care nor out of the country. I foolishly didn’t challenge it and was told by my ex solicitor to accept it so I can see my kids in a contact centre. It’s been about 10 months now I am going to contact centre.
Last time we went to court for direction hearing and fact finding was ordered on urgent basis. That meant having to wait 6 months for none sense. I had a meeting with my barrister and was told that judge wants to hear all the evidence and make a judgment in a same day. He told me I would advise to change this hearing to 1.5 day. The danger was which ever side didn’t get the result they wanted could appeal on the ground that judge did not give consideration to the matter. So he wrote to the court and ask for evidence to be heard in one day and he makes a written judgment the following day. However, judge came back and ordered for this hearing to be listed for 1.5 days. That means I don’t know when their will be. I am frustrated and upset that the system is broken. Some crazy woman takes your child away and by the time you see them property is after 2 years with tens of thousands on legal fees.

Is there anything I can do to speed up the process?
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#2
What is the basis for contact taking place in a contact centre?

I doubt you could speed up the process now unless you made an application to vary the order stopping you from taking the children abroad. But even if you did, the date would still depend on when the judge could fit seeing you in, which more than likely would be the same date.

I spent over 7 grand on fees which I think was a waste of money. I self represent. You should seriously consider doing the same.
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#3
I agreed to prohibit steps order so I can see my children. It was after 2 months so I agreed to see them in a contact centre ( I was desperate to see them). Ex made lots of false allegations from domestic abuse to rape in marriage. She told the same lies to the police. Police investigated the matter and interviewed me as well. Having read the police disclosures it came in my favour concluding the case. The case was closed and police were concerned about mother mental health issue. They referred her to doctor.
CAFCASS have been involved spending 4 months to do section 7 report recommending for fact finding hearing. CAFCASS officer was biased against the mother not taking my side of story into consideration.
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#4
You need to vary the order and take contact out of a contact centre.

It's been 10 months already.
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#5
It is nearly August. So do you have a date for the fact finding hearing? Or did it get changed/put back?
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#6
The fact the police dismissed the allegations and questioned your partners mental health is something your barrister needs to utilise. At the end of the day she needs to prove the allegations it’s not for you prove otherwise always remember that, file your response and any counter evidence. My ex submitted numerous false allegations and provided no evidence so we avoided a fact find. Good luck!
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#7
Yes it has been put back due to solicitors asking for it being g listed for 1.5 days. It is hard for me to feel with it from being a full time dad and full time carer of my child to being a part time dad o ly 2 hours a week in a contact centre due to false allegations
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#8
So do you have a new date yet?
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#9
No I don’t. My solicitor said it may be in September but it hasn’t been confirmed yet. Last time I had to wait 6 months Nd I fear the same thing is going to happen. Obviously my ex is happy that it is taking forever as she has the children but I am suffering and do children due to this none sense.
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