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Hello
My ex made allegation against me, social servicers and the police have done investigation and both have said the case is closed as the evidence was unproven. I had a letter saying case is closed.
I have text her and my solicitor has sent her a letter and have not had a response from her. she had our son last week ( I think ) but has not informed me or anyone in my family regarding anything about our son.
I again text her asking if our son was ok and what our sons name was but still nothing.
my solicitor has sent all the application of to court a few days ago. Does anyone know how long it takes to get a hearing at family court ?
And if I have the paper work from social services saying case is closed will the court take note of that or will they do there own investigation ?
I take it she can make things as difficult as she likes as if she belives in the allegation.
I know nothing will be done at the first hearing but does anyone know if they will let me see my son ?
I have done nothing wrong only been support to her with everything before we split up and brought everything for our son and was never nasty to her.
I feel like witting a story of the day that changed my life if anyone would like to read it
The first hearing is usually 6-8 weeks from the court receiving the paperwork.
CAFCASS will be instructed to carry out safeguarding checks.
At the first hearing, you won't have permission to submit evidence but your solicitor can ask on the day.
Nobody can predict what an individual judge will decide but it's likely that once all the safeguarding checks have been completed, if she still refuses, the court can order this and it's likely contact will start in a contact centre.
what if she still refuses to contact centre
You are then looking at enforcement, but if yuo think she may not comply, ask the court if they can state the penalities for not comlying fully with the order, just so she is clear what might happen.
what are the penalities if she does not comply ?
i'm just finding it hard why she will not inform me what our sons name is and for her to send me a pic. I have text her and left her a voice message but no response back and all I have text her is about our son and that I feel that we need to communicate for our son. My solicitor has sent her a letter but no response.
She has blocked me and my friends on social networking sites so can not even find out that way and she only lives 5 miles away from me.
At least I can stand up in the court room with my hand on my heart and look at her say all the stuff that you are saying is untrue.
The only way i'm going to find out his name and stuff is when it goes to family court. But im sure the court will not like the fact that she is not giving me any information around our son? or will that not matter to them ?
Hi there
Try not to dwell too much on what might happen to her, it's highly unlikely the court will comment at any length on her behaviour, they are more interested in getting things moving forward, and are really not interested in the dynamics between the parents, only what is in the best interests of the child.
Unless she has proof of her allegations, it's likely the court will ignore it and want to start the process of contact. If they make an order for contact to start in a contact centre, this will start slowly and after a period of time you should be asked to return to court for a review hearing, if contact has gone well the court will hopefully allow contact to move out of the contact centre....it will be a slow process and increases in the contact schedule will be at a pace that your child can cope with.
If an interim order is made at some point and she goes against it, you can write to the court and ask for it to be returned to court for new directions. The mother would be made to understand that she must comply. If after the case is finished and you have a final order which the mother breaches you can apply to have it enforced. The court has several options if they find against the mother and these include fines, community service and in very serious cases prison, although it is very rare for that to happen.
I wouldn't worry about what might happen in the future just concentrate on the task at hand and deal with problems as, when and if they arise.
Best of luck
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