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I am due to be in court next week to gain access to my 2 children, me and my partner split less than a year ago I have always been in their lives although contact has never been how I have wanted since I split with their mother as she has a new relationship. I received my phone call from CAFCASS last week who advised I may have to wait upto another 12 weeks from the first hearing to wait for extensive reports back from the police on allegations made by my ex partner from before we split claiming domestic violence, not only was I not charged for these allegations, I was never even arrested. I was told my previous convictions are criminal damage, and resisting arrest this is all I've never been to prison. But because the police at this time contacted social services to do a risk assessment and were satisfied no further action should be taken im now having to wait even longer to see my children now we are going through court over 2 years later. Is this just routine or should I seek further legal advice??????
Hi
Unfortunately, it's pretty routine unless the mother agrees any contact at the hearing. Allegations have to be investigated as they're not always false. Jump through the hoops, don't get cross at court and you will get there.
Hello jay
Your story sounds similar to mine, I had my first hearing on the 1st of this month.
My ex had claimed via cafcass that I had been physically violent towards her. There was one claim in the first cafcass report prior to the first hearing
Myself as you, do have convictions from the past which like yours are criminal damage, resulting from my own stupidity from consuming too much alcohol, although I've not been to prison or had anything against me in terms of violence. Its long in the past also, but they still show it on the cafcass report for your first hearing.
The cafcass officer spoke to my ex first, and sent me a report through the post. I was spoken to on the day of the hearing before going into court. I was open and honest, which she appreciated. She didn't feel it was necessary to recommend a fact finding hearing on her allegations of domestic violence- and that wasn't ordered.
Cafcass were told to complete a report, a section 7 which I think your cafcass officer is referring to when you say you will have to wait three months- just like me. This is all routine and common when allegations are made. My next hearing is in June which is just over three months from my first hearing
Feel free to contact me if you want to talk about things further, I'm no expert by all means, although I feel I'm in a similar position to you and I'm a few steps ahead in the process
Jonathan
Make the point that you have always been in their lives and ask if you can maintain contact while Cafcass make their enquiries, might be contact centre, but that doesn't matter.thats what my son had to do. Keep it all calm, go along with it, to get the result you want. Never make it about you or the ex, it's all about what's best for the children.
It might be helpful to prepare a brief position statement to take to the hearing with you, just to give the court a little more detail and to ask for an interim order for contact, so that your children can maintain contact with you, as you have always been in their lives and you are worried the disruption will be upsetting for them. As Jenny says, this may be in a contact centre, if it looks like contact is being refused, make the offer of using a contact centre yourself.
Thats assuming that you don't have any contact with your children, if you've had pretty regular contact with them since your split, you can make the point that if the mother thought you were a risk she would have denied contact since you split up, not just since you made an application to court.
All the best
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