[Solved] Child Arrangement Order - over Teams - Submitting evidence

hi,

in the paperwork for your final hearing, does it ask you to submit any document or evidence?

Hi,

No..

The paperwork confirmed the court date, and stated i needed to submit a "Position Statement" 2 weeks prior to the final hearing, which i did.

I asked about evidence, but was told the court cannot offer advice, and i must consult a solicitor about the evidence.

I have my evidence all sorted and ordered - But there is a LOT. I have no idea how i'm supposed to provide this on the day.

thanks

hi,

if court papers only mentions position statement, then I think it's unlikely that they will accept any evidence at this final stage. did cafcass recommend 50/50 arrangement?

Do you have a s7 report from Cafcass recommending what contact they suggest you have with your children?

CafCas interviewed me prior the the initial hearing, but found no risks from either party.

Hence that ended their involvement. They just made a statement at the initial hearing saying that they felt there was no risk to the children. That ended their involvement.

My ex offered 2 additional nights access a month ( but refused 50 / 50 or a shared care plan ) which i rejected.. As i wish to see our children half of the time.

Since i chose to take it to a final hearing, she has now removed them 2 additonal nights - basically offering me what i have now.

My Ex's position statement is a load of lies ( while admitting she does restrict access as well lol ) and i can prove this without a doubt. She is also the one who frequently starts arguments on collection / dropoff - again, which i can prioe by her own words, as she admits this in one of her ranting emails.

Prior to applying for a court order, i was seeing our children roughly 50/50, but this was frequently changed as and when it suited my ex. Once she received the court order, she has reduced access ( in writing even told me she will reduce access unless i drop this court case )

I am just somewhat confused that i have spent hours gathering and filing evidence to show all the threats / changing when it suits, for nobody to request it ?

No S7.

The initial hearing summary just says Cafcas recommend both parents attent a seperated parents training course.

After the initial hearing, the threats got worse, and i did contact Cafcas direclty. They told me that they felt there was no risk to the children and they could not do anything further unless instrcucted by the court.

hi,

ok so it seems the outcome at final hearing will be unpredictable. With your ex threatening or reducing chid contact, you can just add that to your position statement, but focus more on what arrangements your seeking for the children. make it a child-focused position statement.

Hi Bill,

I have done both. Obviosuly i was limited to 2 pages on the Position Statement, but i have mentioned threats and manipulation . I have also submitted an additional document of clear and well thought out arrangements - A lot more detailed that the ex's position statement, which was very open ended on days and times ( which i suspect she did on purpose to allow her to change in the future ) and sets out a clear proposal which i feel is in the best interests of our children.

My concern is supplying the evidence.

Obviously i am new to this and if i was in court, it would be printed and ready to pass to the judge on request. It seems odd that there is no guidance on evidence when doing this remotely.

thanks

Family court arent unfortunately going to pay much attention to your ex partners antics.
In position statement you could for example agree to cafcass recommendation of you both attending SPIP course as it would be free and you would like Cafcass to do a referral.

Contact you would like would need to be set times and days. Generally this would be every other weekend/half of holidays and some overnights during week.

What was your contact arrangements before ? And if you had accepted extra 2 nights how many nights would of that given you during term time in total? Also age of your child may have a part in what courts decide to do.

Hi warwickshire1,

I'm somewhat confused to be honest.

I applied for the CAO becuase my ex's antics are never in the best interests of our children. Little things like allowing me to book a holiday at the cost of £ssss to then refuse to let me take them away 2 weeks after it was booked, just out of control / malice

Or when it came to a passport renewal for one of our children, she refused to provide any passport info or sign a letter saying she appoved of the application ( as we have no formal plan in place HM passports rejected my initial renewal without my ex approving ) . She did everything she could to actually stop the renewal out of malice. My daughter was so upset becuase she was scared that she couldnt go on holiday, but the ex was clear.. I will not assist you unless you drop the court case. I had to resort to getting a copy of the birth certificate in the end to resolve without the ex's approval.

The extra 2 nights would have given me a 50 / 50 split in terms of nights, but not total care.. And more importantly, although she agreed to the nights, she refused to allowed a shared care arragement - she still instists on being the primary carer - which is the issue.. she will use this as "control" and dictate what she is doing / going to do, as she is our childrens primary carer.

Hence although i am requesting the 2 extra nights still ( plus daytime responsibility ) i would like a shared care plan.. Something she cannot keep changing when it suits.

Even on her position statement, she has specified she will "allow me to see the children twice a week during school holidays on days to be decided at the beginning of the holiday"

This suits her mentality - ie she will decide what days i can see our children when it suits her.
I would much rather keep to the same routine as in school time, as not to confuse our children.

hi mr Castles,

yes I can imagine those holiday and passport issues being a real pain. when I was in court I got permission from court to take kids abroad on holidays, and that parents are to co-operate with passport issues. If you did not mention this in your position statement, would be important to raise at your final hearing.