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Hi,
I've just been through a court battle for court custody of my child. I was going for 50/50, and the ex wanted me to have him alternative weekends only. She won. I went from seeing my don every day, down to 50/50 then down to alternate weekends. School lied so much as did the ex. I proved the majority of the lies still went her way. None of us had representatives. And the judge was putting words in her mouth, as if aiding her.
I've started a job, which I told the judge I'd been offered that is all weekend work. I left my previous job to have the time for 50/50. As the starts were 3 in the morning sometimes.
They also went against what my son wanted. And the judge said' and I quote. It's the adults that make the decisions I replied with I know this, but I also like to take my childs feelings into consideration aswell. The judge basically said it doesnt matter what the child wants.
How and where do I go from here with the appeal process.
Thanks
Paul
She also broke the agreement in the first week. As it was shared care during school holidays. She refused to allow me to have him on the weekend.
yes they can be jerks at times. when i asked my barrister, what happens if i struggle with picking up kids from school? he said i can just change jobs lol. easier said than done. he added that they can not decide everything for us. court expects parents to be reasonable and also reach own/additional agreements. but not really possible with a psycho ex.
here is info on appeals https://childlawadvice.org.uk/information-pages/appeals/
from what you have mentioned, i would not bother appealing. have a feeling you wont get anywhere. but you mention she has already broken rules of the order?
if so, then you can apply for enforcement, form C79: https://www.gov.uk/government/publications/form-c79-application-related-to-enforcement-of-a-child-arrangement-order
Its not advisable to make an application after just one breach, if it continues, keep a record of the times when she breaks the order, in preparation for an enforcement application... however, be aware that enforcement application are rarely successful.
A Childs Wishes and Feelings can be taken in to account but is dependent on their age, level of understanding and maturity for their age....well at least that's what the Courts and CAFCASS say!
you can only appeal a decision if you can prove the court (Judge) made an error in applying the law to the case or if significant evidence was ignored....you'll find trying to prove either a difficult task.
you have 21days from the hearing date to appeal.
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