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First court hearing
 
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[Solved] First court hearing

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Posts: 63
 Mich
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Topic starter
(@mich)
Trusted Member
Joined: 5 years ago

Hi, what can my son expect to happen and the order of things at a first hearing please. He would like contact with his 2 year old. There are going to be accusations of abuse. He has no lawyer, his ex does.

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Posts: 702
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(@warwickshire1)
Prominent Member
Joined: 6 years ago

At first hearing hardly anything happens and isn't really worth having representation. If ex refuses contact direct/indirect there is highly likely any to be allowed unless she agrees. I would be at 1st hearing still ask politely could there be contact 4 hours unsupervised on a Saturday and then supervised 2 hours a week as a back up plan. magistrates will be very cautious because of childs age.

I wouldn't try fighting the allegations ,you have to remain calm and only talk about child , don't mudsling even though mum is . your son will get a chance to say why hes at court like an opening speech. he could say something like what mrs/miss … is saying its not true and not factual I just want to be a dad to our child. I just want out child to be able to have 2 loving parents who are able to set their difference to one side and put child 1st.

If there are any allegations they could order a find a fact hearing or just ask her for evidence /proof ..depends what they are .. there will be another hearing ordered which would normally be anything from 1-3 months later. it is more likely they will decide then if its a find a fact or they look at her evidence and decide to go to next stage. it is a very long process and being calm and child focused and not slating ex will carry him a long way and achieve better outcome if he doesn't. the family courts do hear the same kind of allegation repeatedly on a daily basis

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Posts: 63
 Mich
Registered
Topic starter
(@mich)
Trusted Member
Joined: 5 years ago

Thankyou. Police have been involved resulting in 2 criminal damage charges against him one in 2018 and one recent. One damage to her car after provocation and the other her phone. However there are 2 years of police records of her been arrested from his house after physical assaults on him. He usually asks the police just to take her home, but on a few occasions they have arrested her and kept her in cells overnight but then nfa taken.is it wise for him not to say any of this.

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Posts: 5301
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi mich,

the courts social workers (cafcass) will be involved. when they dealt with me before first hearing, they did police checks on both parents, and also if any issues with local social services. so i would leave it to cafcass. since both parents have dodgy records, it's a stalemate in some way so no point doing mud slinging with it.

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Posts: 702
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(@warwickshire1)
Prominent Member
Joined: 6 years ago

It looks like what your son has recently done to his ex has secured her legal aid to get free representation in family court. with solicitors you get good and bad ones , some are child focused / some are horrible and use exaggerated delay tactics. What might be a good idea is to ask for contact where you pick your sons child up and act as 3rd party if possible. Could be worth attending family court with him as you may get chance to speak to solicitor whos representing his ex. you aren't allowed to actually go into hearing unless otherside agree to you going in. If you was allowed in you wouldn't be allowed to speak or have any say whatsoever..

I imagine what her solicitor will want to do is secure a child arrangements order as a priority saying child lives with mum and spends time with father.
if they do ask you for that , it could be an opportunity to say what are you going to offer us in return contact wise and we will write up an agreement.
I got no idea what approach they are going to come to court with.. All your son can do is under no circumstances get angry and to be as calm and child focused as possible. you cant allow court to see any aggression or getting frustrated as it will go horribly wrong.

I would wait for cafcass to bring up past history between ex and himself and you can say something like we are as bad as each other , I accept I shouldn't of behaved like I did etc , its best I arrange contact and we part ways and I be the best dad I can be wether that's through a 3rd party to start with whilst things settle down.

There is a separated parenting programme u can ask to be put on . 1 x 4 hour session . I done it and if u offer judges/cafcass will be impressed and they like dads that offer to do parenting courses , I done that as well and did work in my favour as u seen as caring about your child and wanting to try your best

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