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Final hearing
#1
Hi everyone, well I've really screwed myself over by trying to do the right thing by my boys. Can anyone recommend a really good solicitor down south that I can possibly pay for a two day trial, I cant afford anything other than the two days. I'm being told my application to the court was not legal and my parental rights are being removed bit by bit...Im not even allowed to take my son to hospital without my ex saying yes. Im now being forced to tell her the exact location of my caravan down south where we spend time even though the original order states she only needs to know the town or village...everything I've fought for is being stripped away! Can someone please help? Thank you in advance ?
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#2
Hey bud. Can you explain a bit more what you mean? How have you screwed up? You had reapplied last year for change of residency due to alienation. You had hearing, s7 requested and guardian appointed last July right?

What has happened since last July?

Had a s7 report back? Directions hearing?

How did you obtain PR, where you married, on birth certificate, a court order?

Which application is said to not be legal exactly and on what grounds?

Where/when were you advised this and by whom?
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#3
As Jam said - more details would help. I would suggest a half hour’s free legal advice first to see where you’re at. You could have 2 or 3 half hour sessions with different solicitors and see which one seems more switched on and helpful/proactive.

Who told you your application to court wasn’t legal? All the other stuff sounds like your ex just causing trouble in the run up to a final hearing. If you have a two day hearing coming up then your application must have been legal!

I am guessing a bad Cafcass report after the section 7? Is it negative about you because you accused the ex of PA? I have heard stories of them taking the ex’s side in such cases. It’s a tricky one PA because Cafcass aren’t trained in it and sometimes think that anyone who claims PA is an alienator themselves.
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#4
The heading of your post is final hearing :-). You have got this far. The run up to final hearing is always very stressful and in my experience you can expect all kinds of dirty tricks and threats (they are panicking). So hang in there. I do think you could do with some legal advice, even if it is just someone to sort exchange of statements and the bundle for the hearing to make sure they don't try and dirty tricks. If that's all been done already then sit tight. However if it is a final hearing there will be cross examination coming up possibly even of the Cafcass officer and the Guardian, so if you could get some help for the day you might feel more confident. Otherwise I am sure there are people on here who have self repped who can give you some tips.
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#5
Sorry folks, I wrote this in a blind panic. I applied to court just this year, which was the 5th year in a row, this application was because my ex wife and her new partner took our oldest son privately for medical attention without informing me or discussing anything with me, when I did find out through my own digging they both refused to tell me anything and withheld all information from me(I have a voice recording of this) they have continued on the private route and I feel it's been failing our oldest son who has been diagnosed with a condition called PANDAS by an internet doctor via Skype, he has been over medicated since the 2nd of Feb this year, been on ibuprofen every day for 2 years, antibiotics every day since 2nd Feb, now on antidepressants, antipsychotic and antihistamines daily, he is only 8 years old. I had a hearing a few weeks ago where her solicitor said my application was unjustified and she is coming at me for her fees and also money towards the private health care which I was never consulted on and only have been since I applied to court. I am now filing for bankruptcy due to all of this as I'm just keeping my head above water here. The boys now have their own solicitor and my exs solicitor wrote an email to them saying my PR is now being fettered which it isnt, they told me at court that I cant take my son to A&E without my ex saying I can and I have to provide a bundle to the doctors.

So my application is for a change of residency as I 100% believe that my sons behaviour is learned behaviour, he is abusive and violent and it's being excused by this diagnosis that the NHS dont recognise. My ex was abusive and violent and our boys witnessed this, and I applied because they withheld all information from me and refused to tell me anything regarding our son.

Does this make sense? Sorry I'm all over the place here.
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#6
Sorry to hear you're going through this. Remember that your ex's solicitor has no authority. They are just a legally qualified mouthpiece for your ex. Only a judge (or magistrate) can make orders.

You're understandably very stressed right now, probably the best thing you can do is try to take a break for an hour or two to gather your thoughts. Would you be able to answer the questions JamW asked above? That will help people to help you. Smile

Regarding costs for private healthcare, it's very unlikely your ex can pursue you for those. And it's very rare that costs orders are made in children's act proceedings, although lawyers do threaten them as a scare tactic fairly frequently.
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#7
Your ex's solicitor is just intimidating you. Do you have any evidence? That is key to wanting to apply for residency. Your ex's solicitor is acting in her client's best interests (not your child's best interests) and so trying to make out you are the problem. But if they told you in court that you can't take your son to A&E -is that in an order and is "they" magistrates or a Judge? Doesn't matter what her solicitor says.

I would think you would want to be asking for an independent medical assessment for your son for a second opinion. I am just wondering if you can do a specific issues order for this even with a final hearing coming up - it would focus the matter on that specific issue - your son's medical diagnosis, which is the crux of your application for residency. You really would need legal advice on that.

I found some info on that condition here. Were you aware that he'd had any kind of infection before all this behaviour started? What seems unusual in this and not right, is that ex and her partner are not keeping you in the loop over his medical condition, which is important. And which makes you suspicious of them. Have you now had his medical details? You have a right, with PR to be involved in his medical and health situation and kept informed. If he does have this condition it sounds nasty. Is the private Doctor someone reputable?

https://www.nimh.nih.gov/health/publicat...ndex.shtml

There is quite a bit about the condition online with complaints that the NHS doesn't fully recognise it and a petition to have it recognised. So in some ways it could be understandable that they would seek out a private specialist (but is it a bona fide doctor or neurologist?). I would also be concerned that it might be something else.
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#8
Well, order for costs are rarely made in family court and usually in light of exceptionally bad/unreasonable conduct by either parent or vexatious and/or without merit applications. Your situation, as you have described it, does not come close, I wouldn't worry about it.

I still don't quite understand what you mean by your PR 'being fettered'. Is there any restriction in exercising your parental responsibility made by a court in an order? Unless so, you have and should have equal rights and 'full' and 'unfettered' PR to your child.

Your ex can say all sorts of nonsense via her solicitor. She will not be awarded costs on the facts as you have put them here.

It can be very positive in these type of cases for the children to have an appointed guardian, don't be put off by this.

You have strong grounds for making an application to vary the order or a specific issue at the very least. You should have been consulted for the medical issues regarding your child. The law is clear on this. An undertaking by her to that effect, or an order stating she must consult with you and share all correspondence etc is needed and I think a court would agree.
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#9
Sorry I realise I never really answered the question:

We were married and I am on the birth certificates. Section 7 reports were.done, 2 of them. They state that our relationship is the issue, but God knows I have tried my hardest with her for the sake of our boys. The thing is all that has changed is the fact that i need to ask her if i go to hospital(pandas related) however if they are in Scotland with me she is 400 miles away. There have been episodes where our son has tried to slit his wrist and throw himself in front of a train. My ex only started providing me with details as I served court papers on her and it's this application that is said to not be legal. I was told nothing, and when I asked her and her partner wouldn't tell me which I have a recording of, this was my reason for applying to court. Also she was told to stop using only her surname last July and reinstate the double barrelled name, she failed this! The private doctors never knew I existed and they were known by her name. Does this make sense?
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#10
Sorry to hear about your son, sounds scary, must be heartbreaking hearing these things about your child.

I think you are doing absolutely the right thing in trying to create a situation where you are aware of and involved in all that is happening with your child especially on such a serious level.  But also its not unreasonable to apply for change of residency although not an easy task.

If you applied in the usual way, with a C100, filled correctly (the court wouldn't list it if it wasnt) then it is 'legal'. 
 
Just stay focused, particularly on putting all your concerns clearly, politely in well written statements to the court.  Ignore the nonsense about your application not being legal and costs order being made against you. It won't happen. Not on the facts as you put them.

Chin up and keep going mate, I hope your child is ok.
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