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Self Litigating
2 weeks away from court initial hearing and my ex partner and i have been separate for near 3 years. My ex stopped access 4 months ago and has told social workers that she suffered historical violent abuse in our relationship and my daughter has tantrums the days after return attributing them to our contact. The case was closed and no further action required but on the respondents c7 form to the court it is stated that my former partner opposes due to concerns to our daughters welfare. It is my understanding she should have sent me a copy of the C1A summarising what abuse took place within 14 days of receiving paperwork from the court(being served). She has not done so and i am anxious what allegations will be made and justification she is claiming in preventing access as contact has been limited for near three years now and finally stopped. Can anyone tell me what if any course of action should be taken as i am going to turn up for an initial hearing without knowing what allegations are being made and it is even more increasingly likely CAFFCAS will have a lengthily investigation which will prevent me from seeing my daughter for another 3-4 months. Is she breaking the family procedure rules and will there be a consequence ? How do i bring it appropriately to the courts attention at the hearing? Any advice ? My defence in terms of evidence is to prove her behaviour is not congruent with any form of domestic abuse and hers will be subjective but it is difficult to form a defence when not knowing what exactly you are accused of.Although i'm taking my ex partner to court it feels the other way around .David
Hi there
Sorry your post has been ignored, it's not a good idea to tag a new post onto an old topic, it can so easily be overlooked....as has happened.
Firstly, family court isn't like a normal criminal court, although there are procedures to follow, it's not as stringent as a normal court of law. If she hasn't sent you a copy of C1a, it's very doubtful anything will be said about it. You can call the court and ask if she has filed one and ask if you can have a copy.
If you haven't been contacted by CAFCASS yet, it's usual that they will want to conduct a telephone interview with you and your ex, which can happen right up to before the hearing. Once they talk to you both they will prepare a brief safeguarding report, called a schedule 2 letter, for the court, which will outline your case, any issues and whether there has been any history of police or social service involvement in the past. It's always best to be open and honest with CAFCASS and try and avoid bad mouthing the mother, of course, if you have concerns you should voice them, but keep it balanced, reasonable and child focused.
It's common for some respondents to make accusations of DV, the courts have a duty to investigate such claims, but if there's no evidence to support them, they are likely to be ignored... The courts see contact with both parents as the children's right and will try and move things forward to get contact re established.
At the first hearing you and the mother should be encouraged to try and reach some agreement, if she makes allegations, these will be looked at and further more detailed welfare reports ordered, it's not a speedy process at the best of times... Patience will be needed.
It can be helpful to prepare a brief two page position statement to take to the hearing with you, explaining the current situation and what you would like the court to do.
If you have any further questions please don't hesitate to ask. I'm going to move your post into its own topic, hopefully you will get some responses from other members.
All the best
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