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Hi all,
Update on case:
Im back after a recent hearing. My partner had his hearing following the very positive s7 report, whilst everything was going well and the judge said they are likely to put into place the recommendations of s7 report the judge asked if my partner would be happy with that contact, which he replied yes. The judge then asked the mother whom refused all contact recommendations. The mother continued to say how my partner was recently aggressive and abusive towards her mother.
Background to the incident ex is talking about: Not too long ago, my partner refused the mother to speak to his daughter whilst in his care as the last time she rang and spoke to her she started saying mummy misses you and is crying because youre with dad, if you want to see mum tell dad to bring you back because mummys upset now youre gone'. So at the end of the week during handover my partners ex's parents confronted my partner in an extremely aggressive manner, ex's father ran across the car park with a tensed fist and got into my partners face swearing at him etc. Although my partner said hes not interested in arguing especially in front of their daughter, they continued to badger him and I was fightened myself. Because of previous false allegations and recommendations of police i recorded the incident to use if the mother put a false allegation against my partner in regards to this incident. Further to that my partner reported the incident to the police.
However, in court the judge basically switched and had a go at my partner for me recording the incident and told the mother that she can apply for an order so i cannot be present whilst he has contact with his daughter. (I have always been present during handovers as the one and only time i wasnt the mother put a physical assault charge against my partner which was unfounded. All incidents she has reported have been unfounded. But i have always been at handovers to be a witness for his protection. It has also been reported in the s7 report that the father does not show any signs of controlling or aggressive behaviour and has no merit to attend a DV course)
I just wonder how the judge can advise the mother to do such a thing without knowing the background and this would be terrible as i have been in the daughter's life since she has been 8 months - now 4 and a half, we have a great bond together, also my partner and i live together at my parent's home, so it would be extremely difficult for us if that was put in place. On top of all of that i dont see how the child will benefit?
When my partner was trying to explain what had happened, he was told to stop scoring points by the judge, and the judge recommended mediation which obviously my partner has attempted but his ex refuses to go and said in court that it is because he previously threw a chair and she is scared to attend? where this had come from i have no idea, but the judge seemed to go with all the lies of the mother and then said to my partner you are lucky for the contact you already have and extremely childish for coming back to court. Even to the point of taking the mothers word for the time he finishes work?! How does the mother know this type of information?! the judge wasnt even interested in hearing him saying the actual time he finishes work....Above all else he's applied to go back as the mother refuses to follow the order and refuses to extend his time accordingly but more so to get something in place that benefits his daughter but the judge continued to say that she is a mother and knows how the mother feels in this case.
So in the end, the judge decided that they are to come back at a later date for a full 1 day hearing with the cafcass officer present. I think they said this would be the final hearing
1. What if my partner would like a findings of fact due to all the lies? - is it worth it?
2. Would anyone know what this hearing will entail? Any ideas of what will happen or be involved during this hearing?
3. My partner is worried that i may no longer be a part of their lives and how that would work when we have our own family? - How can they put this in place without even seeing what the child is like around me/us?
4. Is there anyway my partner can submit evidence? To be honest really not interested in getting one up on the mother and saying how she done xyz but more to show how the fathers bond with his daughter and how it is beyond what the mother is portraying and my bond with her etc.
5. Any advise ?
Thanks all - you've always been helpful - part rant and part advise as i have no idea how it has gone from such a positive report to completely against my partner! He is very close to walking away from his daughter which is so dishearting after all the efforts of trying to have involvement.
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