[Solved] Final Hearing Thoughts

Well it may be rare, but it does happen, have you sourced case law on this, it might help your case.

They may decide to make a suspended transfer of residence order, as one last chance for her to tow the line...we're all behind you and I can only hope that you get justice, it's been sorely lacking for so very long.

All the best

Thanks Mojo

Yes case law quoted in my Partner’s Statements for the last 3.5 years and we quoted the most recent case that was published a few months back in his last Statement.

A suspended residency would only allow her to continue with her campaign of bad mouthing my Partner to their child.

We suspect she will come to Court with another letter from the child stating he does not want to live with his Dad and no doubt child will threaten to run away or self-harm which is the bull that’s already been said by her.

Sounds way too familiar and sounds like his ex's and mine are reading from the same script....because there are too many fathers out there going through almost identical cases.

The only differences i see is you do seem to have a CAFCASS worker who actually sees the truth from the deceit and lies.

I can only hope that yours can do something about it before the ex really messes up the childs head.

Fingers crossed for a strong judge!

I think my Partner has been fortunate that both Cafcass Officers involved were on the receiving end of Mother’s lies. They were initially taken in by her but she shot herself in the foot with both of them which was not very clever on her part. She’s still trying to hide behind the child’s wishes & feelings despite being told that the child has no say.

What I’m more perturbed at is her lawyer who goes along with it all rather than managing her appropriately. There are no safeguarding issues and my partner has played everything by the book, despite them trying to get a rise out of him. I guess they were hoping my Partner would either lose it or give up! They were wrong.

Hey lolly

I know a solicitor has to act on their client's instructions, but they should also provide them with legal advice. It sounds like they are playing a very dangerous game right now.

Judges generally go with Cafcass recommendations unless they believe them to be ridiculous, or one side can successfully challenge them. I simply cannot see this happening here.

If you get a suspended change of residency, she would be a fool to continue with her mental behaviour as she WILL lose residency eventually.

Feel so bad for all of you but especially for your step-son.

Rooting for you all. How long to go until the hearing? Wishing you all the best

Thanks Yoda.

I think she’s too arrogant to even contemplate residency being changed. She’s convinced because of his age now that he’ll be listened to. But the same excuse has been used for 4 years and ordered contact progressed well.

Each breach has been because she hasn’t liked what the Court has ordered.

It’s so sad for the wee guy as the psychologist and Guardian both recognise what he is saying is contradictory and he has told them he will see Dad albeit near to his home. But Mother is determined to push that he is saying he doesn’t want to see Dad at all. He is clearly afraid to go against her.

She will kick off big style again if the Judge moves him. We got just over 5 week’s to go. That’s another 20 months of absolutely no contact whatsoever.

It's horrific. At this stage I really hope they order a transfer of residency now and not delay the inevitable. She really is a disgusting excuse for a mother.

You said it. My fingers and everything else is well and truly crossed. Will keep you all posted.

Thanks again everyone for your support.

If I were in your shoes I would be submitting a statement reminding the court of the welfare checklist and then laying out the recommendations made by professionals.

You need this judge to realise that the longer the situation goes on, the more harm this child is suffering.

It’s a dreadful shame for things to have reached the point where a change of residency is the only option and as has been said, it is rare for this to be ordered but the judge now, seemingly, should have no choice.

A forward plan showing how you guys will promote contact with the mother will be useful I think.

As you know already, family court can be a lottery but I always find that giving the court a clear path to a resolution helps swing it your way.

Your partner needs to be ready to counter the “status quo” arguments with sensible replies. To my mind, the status quo doesn’t count for toffee when a child is at risk of ongoing harm.

me personally i would be filing a c2 form stating you need the case to be brought urgent and supplying and reminding the court of professional reports that are showing signs of damaging the child's welfare

section 1 (2) of the childrens act 1989 states:

"In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child".

At this stage - a C2 would be a pointless waste of their time and money & will be 99% likely to be refused . I know Lolly's case quite well having given them some private support and I can hand on heart say they have done everything they can and really could not prepare any more than they have and their paperwork is way above the average standard of any LIP I have seen. Rooting for you Lolly. Please let us know how you're getting on or PM if you need to chat.