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Hi All
Just after a bit of advice for a family court matter.
Long story short, I have a CAO that was breached by the mother, citing that i was abusing my daughter.
This was made up to alienate me from her and frustrate the court order and I have been through enforcement proceedings and now have my access back to nearly what it was.
My issue is, the mother has got away with this scott free so far, shes legal aided and i have no doubt she will try something similar again in the future and I have put this across to the courts numerous times.
My question is - we have a judge now dealing with this case and i'm back in a few months, on my directions hearing when the mum decided i wasnt a risk to my daughter after near on a year, I was left under the distinct impression that he is just going to revert it back to the original court order that was set 18 months ago by magistrates and said there would need to be a [censored] of a case in order for him to change that.
I just think its unfair for him to say the situation was the same as what it was 18 months ago - the landscape has changed an awful lot, i would like more time, and mainly 50% of the holidays, my daughter starts school in september. The judge was dismissive of this in the directions hearing citing that the magistrates had decided that my daughter was too young to be taken on holidays and wouldnt make an order to allow me to do that, the judge pretty much said that as the magistrates had stated this 18 months ago then not much has changed.
I strongly disagree as my daughter was 2 at the time and she will be 4 by the time we go back to court - so she is half of her life older so to speak.
My barrister called me after the hearing as she was of the same opinion of me, she said i should apply to the court with a c2 form and request that the judge "recuse" himself from the case, stating that he was very dismissive of several points my barrister was raising.
I'm thinking that i should do this, but worried about the repercussions. My barrister states that if he chooses to stand aside it will benefit me to have fresh eyes on the case, but also said that if he refuses to stand aside it will make him consider his actions carefully as he wont want me to appeal any final order.
Has anyone had experience of this? am i running the risk of rubbing a judge up the wrong way? any advice would be appreciated.
I will be self representing next time round so just want to make sure i know what to expect.
hi,
did cafcass get involved and make recommendations for contact recently?
I think instead of seeking change of judge, in the judge, at next hearing you propose for variation of order, e.g. half of holidays, and that its better to sort this now, so you don't return to court in future, seeking these changes.
Hi, thanks for the reply.
Yes cafcass are all closed, they were involved in the early stages but not any longer.
there has been a Social services report, a further section 7 report, risk assessement & medical professionals involved.
This was all completed months ago but the mum just wants to prolong everything.
She pretty much had her hand forced to allow my contact back, albeit a little less than the original court order.
We're back in a couple of months to finalise it, there is already a variation order case ongoing as the mum submitted this in order to reduce my contact. The judge said he can change it to favour each parent though, so dont think i need to do that.
My only concern is that he was noticeably dismissive over things like future holidays - when 10000% we will be back in court in no time for this as the mum wouldn't let me have half n hour if it wasnt in the order. So the paragraph that says - additional time to be discussed and agreed between the parents is a waste of ink.
Im just nervous that asking the judge to remove himself from the case could antagonise him
@paul741 I think better to not ask for judge to be removed. if they be stubborn and not allow holiday time, you will likely be returning to court to seek it.
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