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So today was the day, we arrived a bit late but before hearing listing time
no cafcass officer spoke to me beforehand, ex partners solicitor didnt turn up...was me, the ex, legal adviser, a guy sitting at the back who i think may have been to do with cafcass? and then 3 magistrates
I think it was like a circus tbh...Magistrate seemed to be half asleep, had no idea on how to proceed, they ignored the fact that my ex had ignored court directions to file a statement 14 days before the hearing
cafcass report said no safeguard issues and that ex would allow supervised visits, in the court she completely u-turned and also opposed my parental responsibility order using the excuse that "he would use it to control me"
the magistrate said that wasnt really an excuse but did not know on what grounds she could legally oppose and had a vague explanation from the legal adviser so did not grant the order
they want to see the outcome of the non molestation trial i have next month where she has supplied 2 statements that say totally different things
I asked for an interim order for supervised contact and they said no until the section 7 report is complete so now another 3 months wait until january 🙁
was really naff hearing her say in court "he doesnt call him daddy" and "he doesnt even know who his dad is and does not miss him" 🙁
so now i guess its a waiting game......do i have any leg to stand on here?
also can i appeal about the supervised contact?
You can't appeal on a decision you don't like, only if they have made an error in law. Magistrates do tend to sit on the fence and not allowing supervised contact sounds like a bit of a cop out.
Sadly, there isn't much you can do other than jump through the hoops and hang on in there.......
Saying "he doesn't know who is dad is" should have had some input from the court.....as a mother its her responsibility to support the relationship
This is unfortunate but as I've learned myself patients is required and like Yoda says you just have to jump through the hoops of the courts. Ive read to many times now that no contact is granted until further reports and from my experience the magistrates always seem to be over cautious on there decisions.
You seem to be at an early stage of the process but it does get better in time and you should gain more contact as times goes on. I have a friend who just got a non molestation order dropped so as long as there isn't any issues if you could get that it would help speed up the process.
Keep up the fight the rewards at the end are worth it. Mine took a year and it does get easier.
Good luck.
Thanks everyone
I really need to now just focus on the non molestation trial
Just worried because she opposed parental order and was talking about moving so feel like she could do that deliberate of things don't go her way 🙁
You are totally right in focusing on the next step, in your case, non-mol hearing. I know it's hard, but it works to your advantage if you manage not to over worry about everything she says. Deal with one thing at a time, otherwise she will just keep you skating around everywhere and you'll never find any balance nor focus.
Have you got her statement for the non-mol yet ? Your response to that will be crucial and you need to find the time to work on it properly. In my case, I took unpaid days of work, and it was worth it. You'll also needs lots and lots of evidence, things like text messages and emails are routinely used as evidence.
Have there been any police call outs ? If so, you need to apply for a "Request for personal data" as soon as possible, to get the exact details of what was said during such call outs.
It's not easy, I've done nothing but work on this every day for the last 4 months, but it's possible, you need to decide how much you want it. Don't hesitate to seek help, either here or from your social group. If you don't have a social group, start building one.
hey yeah i have replied top her statement last month and then she replied to mine with huge inconsistencies to her 1st statement
police have never been involved and i have no cautions or convictions
I was informed yesterday by the legal adviser at the FHDRA that because her statement is now stating different things then i am allowed to respond to that so i will challenge the inconsistencies in a new statement plus she has told many different things on statements for prohibited steps order and for the FHDRA compared to her non molestation statement
i have text messages of her saying she will drag it through the courts and recorded phone calls with her on the day before she applied for non mol stating she will never stop me seeing my son
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