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CAFCASS - Section 7...
 
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[Solved] CAFCASS - Section 7 - Residency w/ Father

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(@LondonLad)
Eminent Member Registered

My mother is just waiting for the mediation center to get back in touch now. Sadly I don't think Dialogue First offer their service any more, I keep getting the Error page.

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Topic starter Posted : 09/04/2018 3:06 am
(@LondonLad)
Eminent Member Registered

I have a copy of the Tenancy Agreement although I didn't submit it as an Exhibit with my last statement. Although I have repeatedly mentioned in my Statement he lived with me prior, and it was only me and my son on the tenancy.

Yea I usually arrive before and leave after, my ex has left. I have lots of family that would be willing to provide handover, and I have suggested in writing that the contact center facilitate the handovers so everything is logged and official, if she doesn't show up, is late etc.

I think i'll contact her tomorrow.

Im also issuing the court the following tomorrow ;

C2 - Return Child Arrangement / Residency Order
C79 - Enforcement Order

I hope they take notice this time around.

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Topic starter Posted : 09/04/2018 3:12 am
 Mojo
(@Mojo)
Illustrious Member Registered

At what point do you get the 'error' page, after you have filled out your details and submitted or before? When I click on the link it takes me to a page to give more info name etc did you get that far?

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Posted : 09/04/2018 5:14 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Hi

I've spoken to Admin and they've checked and have said Dialogue First is still available and the link is working ok. Perhaps you should try again.

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Posted : 11/04/2018 11:30 pm
(@LondonLad)
Eminent Member Registered

My mistake guys it did work, I have been in touch with them since. Thanks again

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Topic starter Posted : 13/04/2018 12:34 am
(@LondonLad)
Eminent Member Registered

I have been attending contact center for 4 months now every Friday for an hour, and have been solely funding it myself.
The ex solicitor mentioned a progression of contact and suggested, 2 hours once a week, with a view to increase this to 3 times a week for a period of 4 months. As I mentioned in court, paying for the one hour at £60 a week, i am finding hard to manage let alone 3 times a week for 4 months, which I feel is way to long, considering I've been doing this for 4 months already. Only then she suggests will over nights be "considered".

CAFCASS are involved now so should be able to intervene and make their own recommendations.

I replied to the solicitor and suggested 2 months of community supported contact on weekends for 3 hours. Followed by fortnightly weekend drop offs. Does this sound reasonable? In light of solely funding everything for 4 months. Any idea what CAFCASS might suggest?? In light of the alleged "risk of abduction", even though my son was clearly abducted from me as he was living with me full time.

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Topic starter Posted : 13/04/2018 12:40 am
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there LL

Has your contact sessions at the Centre been supervised? I seem to remember you saying that they are.

The other parties solicitor will always try and call the shots, you're not duty bound to agree or in fact to respond. Did you feel under pressure to respond?

Generally 4 months in a CC is usually adequate enough for contact to progress to supported or unsupervised out in the community.

What you've suggested is very fair, I would have politely declined their suggestion and suggested that 4 months in a CC is more than adequate and that it is appropriate for contact to progress out in the community, starting with a full day at the weekend for one month, increasing to a full weekend after that. With an offer for your family member to support you, if the court requests it.

Bear in mind, if you're applying for your child to live with you, you really want to propose a schedule of increasing contact that reflects, at least, the amount of time you were having up until the end of last year.... Your son is absolutely comfortable with you and there's no need for such small steps as far as increasing contact is concerned...just my opinion.

There's no way of predicting what CAFCASS might recommend to be honest. Just remain calm and maintain that your child's best interests are for him to be returned to you, where he's been for most of his life, where all his toys are and his wider paternal family, that he will be missing very much.

Talk about your concerns with regard to your ex, as we discussed before. Also the fact that you always encouraged contact between him and his mum and brother, as you understand the importance of having both parents involved in his life, and that you are concerned that if he is left with his mother, the same won't happen, as she has shown through several breaches in a short space of time, that ensuring contact is regular isn't a priority for her.

All the best

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Posted : 13/04/2018 1:23 am
LondonLad and LondonLad reacted
(@LondonLad)
Eminent Member Registered

Yes they have all been supervised. Up until my last one which was just supported. The Order made on the 08/01/18, actually only stated supported contact, but like an idiot I was paying for supervised. Im kind of glad as the reports are helpful and noted some concerns I mentioned in the session i.e. holes in clothes, cut chin etc. I'll only be doing supported from now on, until CAFCASS says otherwise.

No pressure to respond, although I did, suggesting what I mentioned. She suggested I was accompanied by both her parents who are both disabled, and in all honesty headbangers, so I completely disregarded that. I didn't think about asking a family member to help me, it would be so nice for my mum to see him, she misses him dearly.

It seems as if my ex is dictating the terms and conditions on which i see our son, with no basis but allegations of abduction, which is ridiculous. Her solicitor tells me she feels uncomfortable with unsupervised access yet, but will consider it after her 4 months of 3 times a week contact, which I cannot afford.

I do believe CAFCASS can overrule what she says and award me unsupervised contact though, am i right? Even if she doesnt agree..

I will defiantly mention all the above to CAFCASS when I get my time.

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Topic starter Posted : 13/04/2018 2:00 am
(@LondonLad)
Eminent Member Registered

My ex-partner agreed to mediation with my mother, they suggested 3 sessions. And failing that she will get the certificate to say she has tried mediation which has failed.
Then I believe a court application in her own right will be due to secure contact with her grandson

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Topic starter Posted : 13/04/2018 2:57 am
 Mojo
(@Mojo)
Illustrious Member Registered

It will be her solicitor that is instructing her probably. If CAFCASS have been instructed to facilitate or manage contact, you should talk to them about the difficulties you're having financially and what you would like to happen to progress things.

Good news that mediation can go ahead for your Mum, your little boy will be missing her I'm sure. If mediation doesn't work, your mum has to apply for permission to submit an application for contact in her own right, using the C2 form. As I mentioned before, you can also apply instead, to ask the court for you mum to be joined as a party to your existing proceedings, again using the C2 form

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Posted : 13/04/2018 4:15 pm
(@LondonLad)
Eminent Member Registered

Her solicitor emailed me today, stated how my ex is concerned by my behavior (bare in mind I have had no contact with her for over 4 month) and she is concerned by my mothers sudden interest in having contact. - Even though my mother has wanted contact throughout this whole process, although only just now done something about it. I know mediation are meeting with my ex next week, but no doubt she will raised "concerns" about my mother supposedly abducting our son also, to try and prevent contact with her. Either way though, I think its a good thing, if my mum obtains contact through mediation, or if mediation fails, its one step closer to gaining contact through an order....If I understand rightly?

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Topic starter Posted : 13/04/2018 8:30 pm
(@dadmod4)
Illustrious Member

Sounds like some fairly flimsy excuses that her solicitor is coming up with.

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Posted : 15/04/2018 12:23 am
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