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Court Hearing 10th April 2020
#1
Hi

I've got a court hearing on the 10th of April (FHDRA). I've been trying to call the courts for the past two week but can't get through. If I email them using their instructions for templates for various queries I just get an auto reply syaing 'Do not attend'?

Don't know what else to do?
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#2
I had a hearing for 6th April which they cancelled last week. Had an email today saying it will still go ahead as a telephone hearing but only partial.

Can you email the listings at the court and mark it as urgent. Hopefully someone will get back to you ahead of the date.

Good luck
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#3
(04-02-2020, 10:34 AM)BirminghamUK Wrote: Hi

I've got a court hearing on the 10th of April (FHDRA). I've been trying to call the courts for the past two week but can't get through. If I email them using their instructions for templates for various queries I just get an auto reply syaing 'Do not attend'?

Don't know what else to do?

After a looong wait and arguing with the admin staff at the family court and complaining on the gov.uk website, I now have a telephone hearing on the 18th June.

I called several days before the 10th, after trying and trying and trying, eventually got through and was told all hearings cancelled until further notice and that they will all be adjourned and that we should await a letter. I waited for that letter for 6 weeks, didnt receive anything. Then called up again, they took my details and no one got back to me. Then called up again and was given so much attitude and i was fobbed off. Anyway i lodged a official complaint on the gov website, the following the the admin staff member called me back and apologised for my case being lost and that it is with the legal advisor trying to schedule a new hearing.

Two days ago I get a call from them, my FHDRA is on the 18th June.

Meanwhile I have my house windows smashed for the 5th time in Sunday the 7th. This time they were caught. The vandals travelled all the way up from London, I know the ex wife sent them but the ex wife will get away scot-free.

So now we are one step closer to finding out who the window breakers are and why they're breaking it. With this ground breaking evidence and discovery the ex wife suddenly stops the whatsapp video calls. I emailed on wednesday and then emailed on thursday, no reply.

On wednesday 10th June, the weekly whatsapp was supposed to take place at 6:30pm as per court order (in the recitals) and which has been taking place since the order was issued. I called and called and called, never got an answer. I sent an email later asking if the child was ok and as there was no answer to the call, for the respondent to give her reason why she didnt answer.

I followed up the following day on thursday with another email asking why she hasnt replied.

she emailed me today (friday) saying

Further to your email I write to inform you that I have been receiving a number of threatening messages which I suspect are from you and your family. Recently things have become far worst with the threats being more aggressive and intimidating natured which I am not willing to discuss any further with you. <<(Bullsh#t i guarantee you its not me or my family, we aint like low like that and we aint low like the ex).

I want you to know that I do not feel safe with you or your family and as of result will not be carrying out any FaceTime with my number. I have had to change my number out fear of safety and well-being for all including me, baby and my family.

I strongly suspect you are in behind it with your family and due to this I will only continue FaceTime if you provide a phone with a sim number which will only be active at agreed time.

(Can you believe the cheek of these people, shes not that smart, someone has told her to write this stuff), biya#tch wants me to buy her a phone and a sim just so we can have video calls, wtfh

i find it non coincidental that the ex wife has stopped this weeks whatsapp call and sent me that email as her runners from london have been caught breaking my windows and traced backed to her home town.

the local police know about this ongoing court case but they havent advised me about anything overall, just about the specific crimes that have been committed.

What do i do to get this investigation national and have it looked at as a group of crimes instead of a single crime,
you have to remember they have burnt my car, threatened my family members from unregistered PAYG phones and sent boys from London to break my windows... and assistance from the police is so slow, the past 4 times its been put on the back burner, its only this time we have a registration, the ANPR traced the vehicle coming from london.

I plan to attend next weeks hearing remotely and address the following regarding the very slow prgress of father-daughter bond building:

CAFCASS intervention - they have more skill, knowledge and authority over these matters.
CAFCASS intervention needed to promote daughter/father relationship

Charge someone (suitable) to stay with child during contact session, child is distressed when mother leaves. Mother does not help, examples. Distracting daughter when daughter is engaged with co-ordinator.

It can't be younger brother, evidence (first contact report) suggests he will not help.

Make video calls flexible i.e. 7 - 10pm

Need help with child contact centre costs

When with father (eventually when we get out the contact centre), location not to be disclosed to respondent, respondent family known to cause criminal damage. I am working with local councillors, neighbourhood policing team, the west midlands police and the London MET to build a case for prosecution against the Respondent and their family members.

Parenting plan or some approach to be undertaken by the respondent. Respondent fails to answer weekly Whatsapp calls and even fails to reply to emails in a timely manner (have proof).

Respondent demanding smart phone and sim to be provided by father. I will not agree to that for the following reasons:
- Can't afford it
- respondent can delay contact claiming device is broken putting the onus onto me to replace it, or else lose out on contact
- There are other ways of video calling universally without disclosing telephone numbers. i.e. Skype or Google Duo.
- I think the respondent to use her own phone to facilitate video calling (as she has been for the past 8 months) is a reasonable request and reasonable expectation from the mother in the best interest of the daughter.

Criminal Damage and Malicious Calls

Please let it be known that at the time court order with reference ####### was issued. Our car was set on fire, my family received threatening phone calls and since child contact started on the 2nd November we have had our windows smashed five times by individuals who travel from London. Arrest is imminent.

What do i do? What can i do, I am a LIP and it really is getting too much for me, i am traumatised by the criminal damage and I am poorly financed and also i am on furlough!
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#4
unfortunately your next hearing is only a FHDRA and most of the above shouldn't be mentioned or is relevant in family court. Police I imagine would be investigating and at moment there is no news of outcome . Discussing it in family court could even jeopardise their investigations if mentioned as well.

The FHDRA should be solely used to concentrate on contact with your child and getting a final hearing date and getting a good contact order at end.
If your ex brings up allegations you can kindly explain that this is not factual however you do have several police crime reference numbers as your car has been damaged maliciously etc without implying its your ex behind it. If your ex doesn't say anything then I would leave it as its a criminal matter not a family court matter without any proof currently to suggest your ex is responsible
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#5
(06-12-2020, 08:46 PM)warwickshire1 Wrote: unfortunately your next hearing is only a FHDRA and most of the above shouldn't be mentioned or is relevant in family court. Police I imagine would be investigating and at moment there is no news of outcome . Discussing it in family court could even jeopardise their investigations if mentioned as well.

The FHDRA should be solely used to concentrate on contact with your child and getting a final hearing date and getting a good contact order at end.
If your ex brings up allegations you can kindly explain that this is not factual however you do have several police crime reference numbers as your car has been damaged maliciously etc without implying its your ex behind it. If your ex doesn't say anything then I would leave it as its a criminal matter not a family court matter without any proof currently to suggest your ex is responsible

Thanks for the reply. So as its the FHDRA, keep it simple and precise?

1) CAFCASS intervention requested / needed as contact is not progressing well

2) Requesting someone to be charged with staying with the child (or should this come later)

3) Make video calls flexible (7 - 10pm), at the moment it is strictly 6:30pm every Wednesday and child is sleeping

4) Request help with child contact centre costs

5) Mention breach and failure to co-operate, Parenting plan or some approach to be undertaken by the respondent. Respondent failed to answer weekly Whatsapp calls and even fails to reply to emails in a timely manner (have proof). Respondent has ended video calls as of week commencing 8th June 2020

6) Any travel abroad should be supported by the sharing of official travel documentation i.e. airline ticket / boarding pass last feb i was just told destination, flight date and return date, nothing else, whether it was true or not, i had no way of knowing. Could have been travelling to china and I wouldn't have been able to tell.

7) Any contact missed i.e. Whatsapp should be re-arranged if the child is out of the country. (last Feb, child went on 2 week holiday, child flew out on thursday so respondent cancelled the whatsapp for prevous day wednesday, child landed on a Tuesday, made me wait 8 days for the next one, how is that following a weekly pattern?) So there was like nearly a 1 month gap between whatsapp calls even though my daughter travelled for 12 days. Seems fair, no!

would be grateful if you could please correct, add or suggest removal of any of the points above.
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#6
1) Cafcass may get involved again although I wouldn't request it. I would say I respectfully request contact is re -instated as per court order . if not today you respectfully ask when as order is being breached technically.

2) I wouldn't bother with this

3) whilst no contact is happening in interim you would like 2 video calls between 5pm and 7pm twice a week ( one of them on a Wednesday)

4) child contact centres are closed at the moment I believe

5) fhdra call wont last very long but definitely mention recent video calls have not happened and its important especially as your child hasn't seen you some form of contact is maintained

6) One for later maybe. no holidays abroad be happening for a while. certainly wont be dealt with on a telephone hearing

7) I think requesting 2 video calls as above should address this and mum encourages and makes sure your child is available for video call due to their young age

8) you hope by summer holidays overnight stays will be commencing so your child is able to have regular contact and a loving relationship with father

lets hope you get another hearing in a family court room in person and get your contact reinstated soon. with this coronavirus going around its also leaving family courts with a dilemma having to decide later down line if ex partners have breached court orders or not
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#7
(06-12-2020, 09:53 PM)warwickshire1 Wrote: 1) Cafcass may get involved again although I wouldn't request it. I would say I respectfully request contact is re -instated as per court order . if not today you respectfully ask when as order is being breached technically.

2) I wouldn't bother with this

3) whilst no contact is happening in interim you would like 2 video calls between 5pm and 7pm twice a week ( one of them on a Wednesday)

4) child contact centres are closed at the moment I believe

5) fhdra call wont last very long but definitely mention recent video calls have not happened and its important especially as your child hasn't seen you some form of contact is maintained

6) One for later maybe. no holidays abroad be happening for a while. certainly wont be dealt with on a telephone hearing

7) I think requesting 2 video calls as above should address this and mum encourages and makes sure your child is available for video call due to their young age

8) you hope by summer holidays overnight stays will be commencing so your child is able to have regular contact and a loving relationship with father

lets hope you get another hearing in a family court room in person and get your contact reinstated soon. with this coronavirus going around its also leaving family courts with a dilemma having to decide later down line if ex partners have breached court orders or not

Call is scheduled for 1.5hours. The first hearing is labelled as a directions hearing.

Child contact centres will eventually reopen within the next 2 months as lockdown eases, won't they????

I do apologise and sorry for sounding naive but my application was to vary an order to help with contact, shouldnt i declare it still with the assumption lockdown will eventually be lifted and covid pandemic is gone?

otherwise i'll have to pay and apply and wait for ages again for yet another variation regarding visits.
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#8
I've had my remote FHDRA hearing last week.

the judge for the interim

- rejected my request for whatsapp calls twice a week.
- reinstated whatsapp calls to take place between 5pm and 6pm as the mother stopped whatsapp 3 weeks ago
- rejected mothers request for father to provide phone and sim
- ordered mother to buy cheap smart phone with sim, so whatsapp calls can continue, judge gave 2 weeks to mother to buy phone. Ridiculous!
- Section 7 report ordered to be submited by September due to allegations from both sides.
- Judge ordered CAFCASS to assess/intervene in contact centre sessions/child parent bonding process.

next DRA hearing October where the S7 rep will be discussed.

will me being a proven victim of severe criminal damage and intimidation have any bearing on judges decision making?

will me logging a ticket with the doctor regarding stress, trauma (and the rest of it) being caused by intimidation and crime put my mental state in a bad light with the judge. I.e. father having mental incapacity to take responsibility for child, will it make me better off or worse in the judge's eyes. I say this because in the first court case the ex made an allegation that i was mentally unstable and that my medical records should be checked, judge and cafcass ignored it (maybe because i was a LIP and they saw me in person, who knows?)
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#9
I thought you aren't a proven victim yet of severe criminal damage . Unless they get prosecuted and found guilty it wont help you in anyway.
The quickest way to get anywhere is usually not to raise any allegations and just focus on child contact, I say this as you never get anywhere. Family courts will always say in end despite its one way nastiness from your ex that you have to put child first and co parent and blame both parties for whats happened.

At the end of all of this whats likely to happen every other weekend and half of the holidays I guess unless child is very young still
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#10
Don't bother mate. If I could go back in time I wouldn't ever have wasted my energy, sanity, money and time on saying anything bad about ex - even though they were all true and blatantly obvious. And by bad I mean that she was pressuring my son to reject me. Turns out that was just a waste of time! I wish I had known about this forum and what I know today. It would have spared myself, my son, my family and my relationship a lot of pain and stress. Warwick is right, family court will never punish your ex and will always blame both parents even when its obvious its one sided. Its just word against word and you have no evidence of your ex having done those things (even though I dont doubt she is capable as the rest of them), but its irrelevant. Because this is about child contact. Mum and dad can hate each other all they want. They can cheat on their partners, have dirty homes, get pissed/high every weekend that child is not with them, as long as they are good parents to the child when child is there, its in that childs best interest to grow up with 2 parents. What you want and need from this, is to see your child as soon as possible, and that your ex is forced to oblige or she knows you will enforce and drag her back to court. So unless you want this dragged out for years, with endless stress, anxiety and drama, then dont mention anything bad about mother. Just say you recognise there are difficulties between urself and mum, but you wish to move past this and coparent for your childs sake. I KNOW thats impossible with such an ex, and it sucks to let her get away with it, but all it will do is drag it out for you. It won change anything. And life has a way of punishing such people anyway. Think about it, do you think your ex would do all these things to you if she were happy in her own life and her own skin? She is clearly miserable. I would change your number and ask your family to do the same if they are receiving threats. If you can then move homes and dont tell ex the address. Current home or new home, put up CCTV at home and dash cams on your car, to get purps on camera if they come again.
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