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Hi,
I have been separated from my ex for three months and she has not let me see my child at all. She is 7 months now.
My wife has falsely take out a non molestation order on me and a occupation order on the house I solely own. She made false allegations of abuse and I deny those. The judge has put our contested hearing from December to March now.
I decided to apply for a child arrangement order and did the interim hearing last week. At the hearing I asked for interim contact, their lawyer denied this as we have a non molestation order in place!!?? They could have given me supervised contact. It’s a joke because I am contesting (with evidence) her false allegations.
I spoke to Cafcass yesterday in their safeguarding call. They said there is allegations of abuse so most likely it will go to first hearing, fact find and final hearing and will take until June before any decision of contact for seeing the child is done!?
I am seriously thinking just easier to get a divorce (least I can see my child) I was informed that child arrangements order holds no bearing on a divorce case.
is this correct?
May be better just to go for divorce and drop the child arrangements order?
hi,
I would suggest not to drop the child arrangement order. you can not be sure how your ex will behave. often divorces are very bitter and acrimonious. you may find that after divorce papers signed and you walk away, that the trouble does not end there. I think if you were to drop the child arrangement order now, then your ex and her lawyer will still say that because there is non-mol in place and allegations, your not allowed to see kids. when is your next hearing for the CAO?
@bill337
Thank you for your advice. The courts are really slow. The first resolution hearing is set for March and then it’s most likely a fact find, so looking at June.
I am honestly considering a divorce, it’s been too long without my baby daughter and she will soon, talk, walk, crawl, eat and I will miss those times. So if a divorce doesn’t factor any child arrangements why not straight divorce.
a solicitor told me that with a divorce I will be near enough guaranteed my right to see her
@dadsunited I am not very familiar with the divorce and legal aspects of it. after divorce, your ex can easily turn around and tell you that you can not see the kids. so the big risk is if you drop the child arrangement proceedings now, in few weeks time you may find yourself applying for one again, if your ex continues you to stop you seeing the kids.
@dadsunited hi, divorce and/or financial order have no bearing on a child arrangements order and seeing your child.
All of the safeguarding checks need to be done. Just because you get divorced doesn't mean that you pose no safe guarding concerns and your exes allegations shouldnt or can't be looked into.
If a solicitor is advising you of this, it is simply to encourage you to spend more money or you need to change solicitors if they are representing you.
The divorce application does ask if you are looking to resolve matters relating to child, you tick yes, but that then goes down CAO route/process.
So do not drop CAO application. Also, although the property is owned solely by you, as you were married, it is now considered a marital asset, your ex has a claim on it and the law allows for judges to split marital assets how they see fit depending on needs and total overall financial pot etc etc.
I'd suggest you seek a second legal opinion.
All the best.
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