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First hearing today
 
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[Solved] First hearing today

 
(@cofeeman)
Trusted Member Registered

Had the first hearing today, self represented.

Feel like I've been stitched by cafcass and my ex to be honest.

My position statement was rejected by the usher, so all the hours i put into that was for nothing.

Ex made a load of allegations dated 2017, yet has allowed unsupervised contact three days a week for 5 months in 2018 before she stopped contact again. (She stopped because i was late, not safeguarding concerns, ot says this in the cafcass report too) Cafcass officer invited ex into room with me, where she bought a folder full of nonsense screenshots of me "being late" to collect child, and when I disputed i was not allowed to speak.

In the end ive got 3 hours a week in a contact centre. Just dont understand why i have to see my child in a contact centre like some criminal.

Quote
Topic starter Posted : 27/03/2019 6:37 pm
(@dadmod4)
Illustrious Member

Is this just an interim measure? Has the court ordered any reports to be done? If so, then the contact centre is a precaution as the court has be be aware of any dangers to your child - you know you are safe, but the court doesn't at this stage if allegations have been made, and has to check these out.
The contact centre is a way for you to show you have a good relationship with your child, and meanwhile you ex can't level any further unjustified allegations against you.

ReplyQuote
Posted : 28/03/2019 1:25 am
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

It can often feel like that at the start, as actd says the courts always take a very cautious approach when allegations have been made.

It’s extremely unusual for a position statement to be refused, was it longer than two pages, or did it have any evidence attached to it? You could have asked for permission to file it, during the hearing, you can still do that by sending an email to the court to ask for permission to file it, that’s if you haven’t been ordered to provide a statement for the next hearing.

The fact that contact was ongoing after she says the allegations took place, shouldn’t be lost on the court and the fact that CAFCASS recognised that contact was only stopped because of timekeeping issues should also be taken into account.

Try not to look at the contact centre as some kind of punishment, this should progress at the next hearing, have you been asked to provide a statement?

I would make sure you’re not late for the contact centre sessions, it your case sounds quite straightforward, if timekeeping is the only issue.

All the best

ReplyQuote
Posted : 28/03/2019 2:34 pm
(@cofeeman)
Trusted Member Registered

Hi there

It can often feel like that at the start, as actd says the courts always take a very cautious approach when allegations have been made.

It’s extremely unusual for a position statement to be refused, was it longer than two pages, or did it have any evidence attached to it? You could have asked for permission to file it, during the hearing, you can still do that by sending an email to the court to ask for permission to file it, that’s if you haven’t been ordered to provide a statement for the next hearing.

The fact that contact was ongoing after she says the allegations took place, shouldn’t be lost on the court and the fact that CAFCASS recognised that contact was only stopped because of timekeeping issues should also be taken into account.

Try not to look at the contact centre as some kind of punishment, this should progress at the next hearing, have you been asked to provide a statement?

I would make sure you’re not late for the contact centre sessions, it your case sounds quite straightforward, if timekeeping is the only issue.

All the best

Hi, thank you so much for your replies. Appreciate you taking your time to advise.

The position statement was under 2 pages and no evidence attached as I believed no evidence was allowed at the first hearing. Usher refused it. We have been asked for statements at the next hearing though.

With regards to lateness, it was one or two occasions in a period of 5 months where I had contact every saturday and Sunday. Just as there have been occasions ive come to drop our child back home and been informed the mother won't be home for another half hour, that's life. But unfortunately now I don't want to be with her, it's an excuse to stop contact.

I think i may get a solicitor for the next hearing just to argue my case, because I remain calm whilst ex comes.up with ridiculous accusations but then I'm not allowed to defend myself. I feel like because im unsure of the rules of the court, I'm not given a fair shake and not comfortable disputing it like with the position statement.

ReplyQuote
Topic starter Posted : 29/03/2019 2:16 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

In all of the years I’ve been on this forum, I’ve only ever known of a PS being refused once before...At least you can now file a proper statement, go into more detail and attach any evidence that you have. A strong statement is your first line of defence and can be an effective tool, if written well.

In your statement you can bring some reality into this equation, one or two occasions of lateness isn’t excessive, we all lead busy lives, make the point that you understand that, and have always been flexible when your ex has had to change arrangements at the last minute, be the reasonable one!

All the best

ReplyQuote
Posted : 29/03/2019 4:02 pm
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