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C100 Application ne...
 
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C100 Application never met my daughter

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(@mb1008)
Active Member Registered

Hi

 

I've never met my daughter as when her mum was pregnant I couldn't stand her hormones so I chose to walk out. I was in and out. \in the end she said I wasn't good emotional support for the labour and I didn't speak to her. Anyway after the birth she texted me to say daughter is born but I didn't want to know as she texted it to me. she didn't even call!

 

I reported her and her family for common assault. she later registered the baby (I'm not on birth certificate as we never married and I've not seen/spoken to her) and applied for CMS. I told them I was not the dad but DNA later proved I was. so I filed for full custody and to have my ex locked up. I paid maintenance the first 3 months but stopped now. will they really arrest me? she doesn't deserve my money

 

How likely is it I will get full custody? she is saying I was emotionally and psychologicaly abusive. Cafcass have recommend a section7 but waiting on court update.

 

No date set yet but I applied in April

Quote
Topic starter Posted : 13/08/2023 11:25 pm
(@dadmod2)
Illustrious Member

Hi,

If child is living with her, then unlikely courts will change residency (custody) of child. Would have to be serious reasons for that.

ReplyQuote
Posted : 14/08/2023 9:17 am
(@mb1008)
Active Member Registered

@bill337 thanks for replying! yes child living with her. she has mental issues.. she has depression. I told Cafcass she could harm child.

 

I happy to wait to get custody as she is a baby now. will I at least get visitation in the meantime?

ReplyQuote
Topic starter Posted : 14/08/2023 5:22 pm
(@dadmod2)
Illustrious Member

@mb1008 hi. At first hearing you can ask judge for contact in interim. But would be up to judges to decide.

ReplyQuote
Posted : 14/08/2023 7:14 pm
(@mb1008)
Active Member Registered

@dadmod2 hi. Back with an update. Section 7 complete after fact finding. It was found that I was abusive but this isn’t true. Cafcass have recommended indirect contact indefinitely until I admit and change my behaviour. Have a DRA coming up but I plan on rejecting all the recommendations. Ex is in agreement with most of the recommendations. Will judge order final hearing or will they make a final order at DRA?

ReplyQuote
Topic starter Posted : 29/10/2024 5:27 pm
(@dadmod2)
Illustrious Member

@mb1008 hi,

sorry to hear you had adverse fact find. I think you are better off accepting the findings, even if you disagree with them. Otherwise they can make final order with you having zero contact with kids.

ReplyQuote
Posted : 30/10/2024 1:54 pm
(@dadmod3)
Honorable Member

Is not looking so good if you're not paying maintenance as that shows a lack of responsibility.  The Judge is likely to go with the recommendations unless you can show good reason not to.  Suggest you stay child focussed and perhaps offer to  undertake a parenting course to demonstrate commitment

ReplyQuote
Posted : 01/11/2024 9:40 am
(@mb1008)
Active Member Registered

@dadmod2 I don’t want to agree with them as it’s not true. I’m not abusive. The mum is crazy and evil. I just need to see my daughter. I never met her yet

ReplyQuote
Topic starter Posted : 04/11/2024 12:13 pm
(@mb1008)
Active Member Registered

@dadmod3 yes I stopped because I was not seeing the child. I’m the father. It’s my right. But now CMS is calculating my amount to pay as £0 anyway so I don’t have to pay. If I’m not seeing my daughter I don’t understand why I should pay. 

I need to write my statement in response to recommendation. We have our hearing in 2 weeks 

ReplyQuote
Topic starter Posted : 04/11/2024 12:15 pm
(@mb1008)
Active Member Registered

This isn’t fair. I can’t see my daughter and it judge agrees it will be indefinite. 
cafcass said I’m not suitable for a parenting course because I don’t accept the findings

ReplyQuote
Topic starter Posted : 04/11/2024 12:16 pm
(@dadmod3)
Honorable Member

Maintenance payments are not conditional on seeing the child.  The two are completely separate and dealt with by different bodies.  The CMS deals with child maintenance and the courts deal with access.  Suggest you go along with the findings and work out a way forward with them so you can see your child

ReplyQuote
Posted : 04/11/2024 12:35 pm
(@mb1008)
Active Member Registered

Hello. I’m back. We had our DRA.  I took your advices and admitted some of the behaviour and said I’m willing to do go a course. I also agreed that child should live with mum rather than me.  However they said they still can’t offer me contact in the meantime because cafcass hasn’t recommended it and it is opposed by respondent. We now have a final hearing where I’ll cross examine the cafcass officer. I’m a LIP. 

 

any advice on what to expect at final hearing and how to do my best to secure contact? 

ReplyQuote
Topic starter Posted : 14/11/2024 8:46 pm
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