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Court proceedings a...
 
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Court proceedings advice.

 
(@tanya42)
Active Member Registered

I haven’t seen my daughter in 18 months. Me and her mother separated and after 6 months of sharing child care , things took a turn. My daughter was 1. She is now 3 and will have forgotten who I am by now. 

When things went bad , court proceedings began. Initially there were no accusations of domestic abuse, child abuse, cohersive control etc.. but a few months in to the court proceedings new allegations were made. She is wealthy and hired a solicitor and barrister. I was unable to hire legal representation. I responded to this horrendously , I’ve painted the worst picture of myself to the family courts, I have engaged with my ex partners solicitors and barristers in a frankly piggish manner. I was confident that I could disporive the allegations as I had a fair bit of evidence , combined with the timeline or events. But sadly the fact find hearing and judgement did not go my way. The judge said I ‘probably’ did all the allegations and takes them as fact now. I imagine the way I have dealt with this situation has allowed him to form his opinion of me. Despite the lack of evidence from my ex other than her statements and all her family also chipping in with statements, legal representatives , and me being a bitter angry man not represented - it has not gone my way 

my current thoughts/ questions  are :

- is it worth appealing in this situation , and hope a second judge will actually observe my evidence 

- if I appeal and it does not favour me again will this have a negative effect on any future decision to see my daughter (a decision has not yet been made but I have to do a chapter 7 CAFCASS). This tells me there is hope. 

- if I appeal and I’m unsuccessful again will I have to cover the other party’s legal bill for the appeal process 

- regardless if I appeal or not, due to me being ‘fact found’ all of my ex partners allegations will this mean I have to pay their legal bill for the entire court process ? 

I am considering withdrawing from the proceedings. Although it’s nearing a conclusion, it’s not looking good. I am seriously struggling with my mental health, I am exhausted and can’t sleep, I feel I need a complete break and can’t see a future caring for my child currently. Even if the court grant me contact, I am petrified of further allegations, gossip in my local area , I have horrendous anxiety caused by this. What will happen if I write to the court and inform them in no longer wish to pursue access. 

 

Quote
Topic starter Posted : 23/12/2024 1:44 am
(@dadmod2)
Illustrious Member

hi,

I think its better to accept courts decision about fact finding. section 7 report is very important. I strongly urge you to accept the findings and make that clear to Cafcass when they interview you. Lately I came across many dads that rejected the findings, and they were left with no contact or indirect contact as a final order. you still have a chance to turn this around. I hope you don't withdraw from proceedings. feel free to get in touch if you need advice. sending you a private message.

ReplyQuote
Posted : 23/12/2024 8:49 am
(@dadmod3)
Honorable Member

I’ve never heard of costs being awarded in the family court at this stage.  You need to take care of yourself and address the strain this has had on your mental health.  Suggest you see your GP or call any of the NHS phone counselling services.  You may think differently when you’re back on track

i

ReplyQuote
Posted : 23/12/2024 11:20 pm
(@tanya42)
Active Member Registered

@dadmod3 I’m sorry but can you explain what you mean. I have read this as , it is not all awarded at the end. I’m very close to the end , and it’s at this stage I expect costs ordered.

 

or do you mean I’d already be aware earlier if costs would be ordered. 

thanks for your reply 

ReplyQuote
Topic starter Posted : 23/12/2024 11:31 pm
(@tanya42)
Active Member Registered

@dadmod2 thank you. I have responded to your message

ReplyQuote
Topic starter Posted : 23/12/2024 11:32 pm
(@dadmod3)
Honorable Member

I don’t think you’ll be expected to pay the other sides costs.  

ReplyQuote
Posted : 24/12/2024 1:47 am
(@dadmod2)
Illustrious Member
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