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Hi All this is my first post. I am a year in trying to get access to my 2 year old daughter. As what seems the norm I have at to deal with multiple false accusations. There was 1 incident of domestic violence during my relationship with my ex which was a slap it was never reported at the time and no injuries sustained. This incident was only reported to the police when I started proceedings in family court. My ex had me arrested with false allegations I assaulted my daughter this is when I admitted to the slap incident. There were no charges brought against me regarding the alleged assault on my child. I have been in a contact center having regular weekly contact with my daughter which I have to pay for £50 a week for 1.5 hours. I had a shocking section 7 report which may aswell have been written by my ex. Cafcass then made a referral to social services as I have unsupervised contact every other weekend with my 2 sons from my previous relationship they are 10 and 8. My current partner has a 18 month old son who both live with me. Social services carried out a full section 47 report and advised me to make a formal complaint regarding cafcass as they did not take into account my other children or even see if I had any issues with contact with them when carrying out the section 7 report. That complaint was upheld. The section 47 showed there were no safeguarding concerns and no need for supervised contact. A new cafcass officer was appointed and he stated there are no safeguarding concerns the contact centre have advised contact needs to progress . I am going back to court to reapply for shared care. I’ve suggested progressive contact.
68. WEEK 1 TO WEEK 8 - Every Saturday 10am to 5pm
WEEK 8 TO WEEK 16 - Saturday 10am to Sunday 12pm (overnight stay) every other weekend.
Saturday 10am to 5pm on Alternate week.
WEEK 16 Going forward -
Mon (Nursery pick up) - Thursday (Nursery Drop Off) With Dad - 3 Nights with Dad.
Thursday (Nursery Pickup) - Thursday (nursery Drop off) With Mum - 7 Nighs with Mum.
Thursday (Nursery Pick Up) - Thursday (Nursery Drop off) With Dad - 7 Nights with Dad.
Thursday( Nursery Pick Up) - Monday (Nursery Drop off) With Mum - 3 Nights With Mum.
Back To Dads Mon - Thursday as above.
Mum has applied for a barring order stating I am only applying to court to cause her distress, she stated I’d I get unsupervised contact she will have a mental breakdown and suggested contact stay in the contact centre until April 2020 and every 4th week I don’t have any contact so she can have a full Saturday with our daughter.
Just looking for some advise on the likelyhood that I will get what I’m asking for?
Hi there
As you can appreciate, it’s impossible to predict what might happen. You did well to follow through on the complaint about CAFCASS and got a good result.
With no safeguarding concerns and reports from the centre that contact needs to progress, your chances of getting a shared care arrangement have improved, the only thing that works against you is the mothers attitude and hostility towards contact being progressed at all.
All you can do is to push on with it and see where it leads. Has your new cafcass officer made any recommendations about how contact should work?
All I would say is be prepared to compromise, perhaps prepare an alternative schedule where you have the child week on week off, to give the mother another option. Try and find some research that backs up the advantages to the child of having shared care, there’s plenty about.
All the best
Hi Mojo Firsty thanks for your reply and advice. It was the social worker that carried out the section 47 report that advised me to go for shared care. I have submitted a statement to court which the first 15 paragraphs showing the benefits of shared care and references to studies carried out to back this up.
Cafcass have advised me that it will be social services that will take the lead now. The next hearing is only a directions hearing where I assume the judge will ask for social services to make recommendations. As there are no safeguarding concern I will be asking for an interim order for contact to progress to unsupervised every Saturday 10 until 5 or if mother wants a full weekend with our daughter every other Saturday 10 until 5.
That all looks favourable then, if SS are in charge of the welfare side of things now and they’re recommending shared care, you’re halfway there, all you need is a good judge that will see the benefits.
I would ask for a weekly midweek visit too, going a fortnight without seeing you is a long time, especially as you’re asking for shared care and she is already used to seeing you on a weekly basis. You could even suggest that as the mother wants a full weekend then maybe the starting point should be alternate weekends with overnights starting at 1 night and progressing to a full weekend. I’m of the mind to ask for more than you would be ok with as it gives you room to be seen to compromise... family courts are strong on compromise.
sounds very promising welshdad. looks like only obstacle is the ex and her solicitor/barrister. my kids are all under age 6, and i am in no position to go for shared care. will look at it in couple years time.
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