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Final Hearing in pr...
 
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Final Hearing in progress

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(@Vik2001)
Reputable Member Registered

So just a update. Cafcass was cross examined by my barrister. They have now changed their tune and have gone against their initial recommendation which I'm over whelmed by. They said they now recommend 6 nights every other weekend instead of 4. Plus have said I should have shared residency..

The cafcass officer **** herself and gave me a more fairer outcome which is basically 60/40 recommendation.  The hearing ends tmrw.

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Topic starter Posted : 23/09/2021 5:39 am
DadMod2 and DadMod2 reacted
(@edpacket)
Trusted Member Registered

@Vik2001 Maybe you can recommend your barrister 🙂

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Posted : 23/09/2021 7:27 am
(@dadmod2)
Illustrious Member

@Vik2001 excellent result 🙂 hope things run smoothly when court process is over.

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Posted : 23/09/2021 11:39 am
Vik2001 and Vik2001 reacted
(@Vik2001)
Reputable Member Registered
Posted by: @edpacket

@Vik2001 Maybe you can recommend your barrister 🙂

Sure send me a pm.

The other side tried to adjurn the case as they didn't like the new cafcass report. But the judge didn't allow it, I got worried for a bit.

The ex didn't keep it child focused they tried to bring the fact finding Into it, and tried to make me out to be a bad father who neglects the kids. All very petty stuff they actually made themselves look stupid I thought with further allegations of nonsense.  Hopefully the judge sees straight through them just trying to block my access.

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Topic starter Posted : 23/09/2021 6:19 pm
(@Vik2001)
Reputable Member Registered

So last day was today in court. I got 60/40 access, shared residency and half the holidays. I'm very pleased. It's as close to 50 50 as I would have got.

The ex started to cry in court, her plan didn't work in the end. I finally feel some relief through all the [censored] she put me through. Their whole case was embarrassing they tried to slander me in court and did themselves no favour. The judge saw through it all and I got the result. They had nothing on me, their barrister even went as far as saying I did extra courses like the paren ting plan to make myself look good. The judge had to tell her off twice 🙂

Now I can be with my kids and be a part of their lives again.

Thanks to everyone for their support over the year on this forum.

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Topic starter Posted : 24/09/2021 5:57 pm
DadMod2 and DadMod2 reacted
 Mkjo
(@mkjo)
Active Member Registered

Well done mate.

They keep lie we keep fighting it

👍

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Posted : 25/09/2021 3:12 am
(@dadmod2)
Illustrious Member

@Vik2001 well done. I think the hardest part is after court, and co-parenting with your ex. If she causes trouble in future, then the door is left open for you to return to court and get more time with your kids 🙂 

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Posted : 25/09/2021 8:59 am
 Desh
(@desh)
Trusted Member Registered

@Vik2001 - congratulations on securing this shared parenting arrangement. I wish you and your children are now able to focus on your loving relationship.

That's all I want - have a meaningful relationship with my child. I am waiting for final hearing date. Like yourself I have had to endure similar journey of fighting false allegations, denial of contact, unlawful relocation mid-court proceedings. Yet CAFCASS recommended same as with you.

Your story has given me some hope that I too may get similar shared parenting order. The prospect of a vicious M using contact to punish/control me is depressing.

Would you be able to briefly state the 6 questions you asked of CAFCASS?

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Posted : 26/09/2021 12:26 pm
(@Vik2001)
Reputable Member Registered
Posted by: @desh

@Vik2001 - congratulations on securing this shared parenting arrangement. I wish you and your children are now able to focus on your loving relationship.

That's all I want - have a meaningful relationship with my child. I am waiting for final hearing date. Like yourself I have had to endure similar journey of fighting false allegations, denial of contact, unlawful relocation mid-court proceedings. Yet CAFCASS recommended same as with you.

Your story has given me some hope that I too may get similar shared parenting order. The prospect of a vicious M using contact to punish/control me is depressing.

Would you be able to briefly state the 6 questions you asked of CAFCASS?

Hi. I'm not sure of the 6 questions as my barrister asked via a letter. The judge put it as a court order that they respond.

But the questions basically focused why they ignored I did parenting courses, why they recommended 4 nights when there was no safeguarding concerns, and the fact I was making the move closer to where the ex reschooled the kids. My finding of facts were clear also and why they ignored my other parenting plans and only focused on the one that wouldn't work.

Cafcass [censored] it, and immediately suggested that they wasn't sure I would move closer, but they contradicted themselves by saying this, cos in their report they made it clear I said I was moving closer. So they rejigged it and gave me 6 nights to avoid them coming I to court.

Obviously the ex barrister tried to get it thrown out, but the judge had none of it. The ex and her barrister got told of by the judge as it was obvious they were slandering me throughout thr whole trial.  This actually helped me as it showed their intentions. Also when the ex got cross examined she got roasted and slipped up and made herself look stupid. 

Basically remember this yr ex can make all the allegations and try and block yr contact. In the final hearing if you have a district judge they will look at the kids best interest which is to involve both parents in the kids lives.

I had no finding of facts proven against me, my Contact centre reports really helped and showed what a great dad I was , and how the kids enjoyed their time with me. I also moved closer to where the kids are and have a flexible working job which helps me take kids to school. All this combined gave me close to 50 50, shared residency and half holidays..    the ex even tried to frustrate the having half holidays so she was never fair and the judge saw it.

Now all I have to deal with now is the ex taking me to court over finances cos she wants 70/30 of the house. Now with thr level of contact I have hopefully I get a fair result on that to.

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Topic starter Posted : 26/09/2021 12:56 pm
(@Vik2001)
Reputable Member Registered

the ex is trying to appeal the decision of the judge giving me 6 nights, basically trying to say cafcass got it mixed up and recommended by mistake another 2 nights to make it 6.   in my eyes the judge ruled the decision for me to have 6 nights, can they actually appeal against this?

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Topic starter Posted : 27/09/2021 3:03 pm
(@dadmod2)
Illustrious Member

@Vik2001 If she is appealing because she is not happy with decision, would be waste of time. generally appeals are accepted only if there has been some error in following legal process.

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Posted : 27/09/2021 3:40 pm
(@Vik2001)
Reputable Member Registered

shes appealing on the basis that cafcass increased the contact from 4 to 6 days, because my barrister gave the impression to them that mother and father want to work on that basis.  so cafcass based their recommendation again accordlingly.

but regardless the judge said she wont adjurn the case because cafcass changed their recommendation, and the judge at the end ordered there was no reason for me not to have 6 days based on the evidence.

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Topic starter Posted : 27/09/2021 3:43 pm
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