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Unfortunately it didn’t go well, as all 10 allegations were found to be fact
The first day the Cafcass officer and my ex gave evidence, and I had the opportunity to question them both. I was very surprised that I was allowed to ask my ex questions. With the Cafcass officer, who took the stand first I felt slightly nervous but I got into it. Then my ex gave evidence- and the judge asked me to ask questions. I feel throughout this I did fairly well, and I did seem to make her stumble several times in relation to some of the difficult questions I asked. After the first day I did feel fairly confident and satisfied.
The second day the social worker who completed the Section 37 report gave evidence in which I questioned her. I gave evidence last.
Following the social worker giving evidence I did start to feel less confident and that I was out of my depth, and I did struggle in terms of thinking on my feet in terms of questioning her
I did admit one, and gave my side to five, and denied four in their entirety
It does feel unfair somewhat- but I know that I did my best and have gone throughout this with strength that I didn’t know I had.
Although I guess it’s not the end of the road yet - this was just to decide if these allegations were fact, which then there could be no disputes following this fact finding hearing. Of course these would have to be taken into account as facts going forward.
One point - the social services who completed the Section 37 report, completed their report having taken into consideration that the allegations were ‘fact’ in any case, prior to my response and and findings being made .With this taking into account they still recommend contact take place, should I be willing to accept responsibility and take part in courses etc. However I did find it incredibly difficult to take responsibility for some allegations that were not true, or had been exaggerated.
Following the hearing my exes barrister spoke to me, with the guardians solicitor who wasn’t present in the hearing although available in court. She asked me about how I felt etc, and I said that I accepted the decision of the judge and would move forward
I didn’t kick up a fuss, become frustrated etc. The best way I can describe how I feel about the allegations and the way I’ve been portrayed is that I ‘meet them half way’. It’s fairly hard to swallow and I’m sure others have felt the same.
We went back into court with the guardians solicitor also, and there was a formal chat. The judge spoke of a DV course being looked into and another directions hearing. The children’s guardian will have put her thoughts forward via a position statement within two weeks as I recall.
I think the hardest thing is knowing that had this fact finding hearing been set before I would of been able to afford a barrister and have someone professional who could fight my corner. Before this hearing i’d gone through 10 hearings and I’ve no money left, so I didn’t have much choice.
I will just have to see what happens next
I'm sorry to hear you had a bad time but as you say, you just have to move forwards with the allegations all "proven". It's really not justice.
I'd like to see the Scott Schedule if possible, to determine the affect of the findings.
I understand how you feel. I think I was lucky with my FOF in that I had hard evidence to show the "more likely" truth so I ended up with no findings.
It's difficult, it's a lottery and I honestly don't know how, when something so monumentally important is being considered, probabilities can be relied upon.
All I can do is move forward- although I still feel bitter somewhat
I guess you were lucky in having no findings against you, I didn’t expect to have no findings, but I didn’t think all would be found
The Scott Schedule will be attached to the order once processed and I should get that soon hopefully- and this gives some detail to the findings.
As I pointed out before the Section 37 was based on the allegations being true anyway so with this in mind I hope their recommendations don’t alter much
You are right about it being a lottery 🙂
Hi Jonathan, I just wanted to say well done for tackling this on your own.
Dealing with experienced barrister, cafcass workers, a Judge watching and listening to every word, whilst having to go through your questions and answers whilst trying to think on your feet...and all this on top of all the the emotional stress and all the feelings that follow this journey and fight to have the relationship you want with your children..thats not an easy task fro the vast majority of us.
So well done, regardless of the result not being as you had hoped.
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