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COURT ADMIN HELP
#1
Dear separated dads,

I hope you are all doing well and stay strong.

NEED SOME URGENT BUT EASY ADVICE

I have a new court date on the 16/7 for matters related to passports. Mother of our two children accusing me to try to take the children abroad....bizarre.

Anyway everything seem solved but the ex wife is coming up with continuous new accusations so I suppose I will receive new material from the Court?

1) I have never returned a C7 (the form confirming  my details) am I in trouble? I am in contact with CAFCASS and have a call on Monday 5/7

2) I have prepared my reply to the ex wife accusation. I have contacted the Court and I can send by email. Do I need to send all my material in one go or can I add up to 7 days before the hearing?

Thanks,

Fram
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#2
No don't worry if its only your first hearing. make your apologies if you need to. more than likely another hearing will be set so will be dealt with then. reply to wife accusation is simply
not factual and never happened. please provide evidence as I am only here to try and see our children
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#3
When you have the call with Cafcass be calm and polite - they have a lot of power. It would help to know more of what and how you are accused to assist in what to say but Warwickshire’s advice above is good. You just state the truth calmly.

So has she applied for a specific issues order? What does she want? To have your passport taken away or something? Or is it a prohibited steps application to stop you leaving the country. Feel free to PM me if you want anyone to look over your reply wording before sending.
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#4
Hi guys,

thanks for your help.

1) I have already dealt with CAFCASS, no problem. Calm, polite, child focused.

2) she accused me of stealing passports (she knew I misplaced them and returned immediately when found, even she is not the custodian) and planning to brings the children abroad.
She has the passport she told the court passports have been returned. I THINK HER INITIAL CASE HAS NO MERIT.

3) She is sending me up to 5 whatsapp messages a day in relation to children communication with the school, trying to get something against me. I believe she has nothing but of course I have to show I collaborate fully.

THE QUESTION IS: CAN SHE USE THE CURRENT CASE AND ADD NEW ACCUSATIONS AND BASICALLY MAKE A SEPARATE CASE WITH THE ORIGINAL COURT FEE?

I think she is trying to say that I do not share children's information in relation to the school. this is not true but of course i need to ensure I have the evidence in my favour.
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#5
What did Cafcass say? It sounds like the hearing will go ahead unless she withdraws her application - and it be heard what the issues around passports are and any order may be amended or a specific one written, to say who should keep the passports but they should be released to the other parent at least 21 days before any booked overseas holiday or for any other purpose they are needed for for identification, on request.

One thought though if you don’t have a Child Arrsngemebts order and she has an application in, you could ask for one on your C7 return form. I would just complete it and post it with a covering letter saying the passports have been given to your ex as she requested them. And asking that the hearing also be considered as a first hearing for a Child Arrangemebts order which you are now applying for.

All this assumes you don’t have a CAO already so it would help to know that. If you don’t then you could go along to the hearing having submitted a position statement the day before and take a draft order with you with everything on that you want in there - including lives with both parents and who keeps passports. If things can be agreed on the day then it could be done as a consent order. It’s unlikely to all be done in one day unless you have a solicitor to thrash out agreement so would then need a further final hearing.

It’s always assumed that the Mother keeps the passports yet she is just as likely to do a runner as a Dad. She may be just making a big drama or may genuinely think you must be planning to relocate abroad with the kids because you had the passports- no trust etc.

Are you actually getting to see the kids?
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#6
Just had a call with CAFCASS. Long story short they will ask the mother to close the case. finger crossed.

I have a Child arrangements that does not contemplate passports as clearly not needed, I have joint custody but 2 years ago had to take the mother to Court to achieve that....cost me loads.....
I have learned a lot on the divorce legal process and I hope I can share this with other dads here.

you say: "It’s always assumed that the Mother keeps the passports" this is absurd and discriminatory! Before Divorce I always kept our children passports!
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#7
good result...Would be great if you could comment on how to get joint custody ( shared care)
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#8
Good you have shared care :-) So no need for court at all then. Yes it is absurd but the system seems to rank Mothers first mostly! It's ridiculous isn't it.
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#9
(07-06-2020, 02:54 PM)SeanS Wrote: good result...Would be great if you could comment on how to get joint custody ( shared care)

It's a long expensive process. first of all you need to ensure that there is nothing serious against you (drugs, previous proven violence against the children etc) but I suppose if you ask the question you are a great father and are in this situation

I had to rent a house near to my children school as advised by my legal team

said that all the scary things you hear are rubbish. If there are two capable parents it is difficult that you should not get share custody. the children living with the mother for long time is not in your favour but really the Judge should look into the future not the past.

feel free to PM me if you would like to have a chat

F

Going back to my hearing when should I send my "defence"?

I sent to all parties and the Court the C7: the form confirming my name etc but I have not added a letter with my response to the applicant. since I wanted first to speak with CAFCASS and see if the Applicant was going to put forward additional allegations, but apparently CAFCASS missed the call with her today

The Court paper says the bundle should be send 3 days before Court.....So If my Court date is next Thursday can I send on Monday?
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