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[Solved] How many appeals?


Posts: 61
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(@StrokeBloke)
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Joined: 13 years ago

2 judges and CAFCASS have agreed that I'm sane & safe & awarded me overnight contact (to start in 3 months). At the moment I get 3 hours every 2 weeks unsupervised.
My ex didn't want me to have unsupervised contact at all as "our son needs his mum at all times".
My ex has now gone to her 3rd or 4th law firm (all under legal aid) to contest the contact order saying that our son is "too young to enjoy overnight contact" and he would be "distressed if he's away from his mum".
2 judges and CAFCASS have expressed their opinions in court in my favour at the "reasons" that my wife objects access. Their opinions were that our son would benefit from contact with me and they see no legal or moral objection to refuse access.

In the times I've been able to see our son without the ex present, he hasn't cried at all & generally has a smile on his face when I'm around.

I believe, as does my solicitor, that since I pay for Legal costs & the ex doesn't, that my ex is trying to simply cost me more money that I can ill afford with the aim of pushing me into excessive debt or having to give up my access.

How many times can we go through court, with no new reason for objection?

If it just get thrown out of court, then I've still got to pay legal fees as, being disabled but working, I'm not eligable for Legal Aid. By the time the next court appearance has finished, I will have run up £10k+ in fees.

13 Replies
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 ak57
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(@ak57)
Joined: 13 years ago

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Posts: 623

Hi, how old is your son?

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(@StrokeBloke)
Joined: 13 years ago

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Posts: 61

He's almost 18 months old. She left me when he was 7 months old & I've been trying to establish access since. I missed his 1st birthday, crawling, standing & his 1st steps.

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 ak57
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(@ak57)
Joined: 13 years ago

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Posts: 623

Hi just read back your posts, yes I remember now. She needs to give up and stop being a control freak. You now have a contact order, and 3 months till over night stay, this is such good news. In April legal aid stops for family cases so she cant carry on forever. I dont see why you need to carry on useing your solicitor , I would do it on my own now. As why would a new hearing over rule the last one . She is such a selfish cow and must love the lime light its giving her. I would go for residency on the grounds she is going to sufficate him ...

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(@dad-i-d)
Joined: 14 years ago

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Posts: 1306

Stroke......your post echos what i'm going through pal.....very similar ex's by the sounds of it.......i wish someone would tell mine she's being a stupid cow and stop destroying my childs bond with me.

AK57.....i'm going to start to look at the that last part you mentioned about residency due to her sufficating my child (mentally and emotionally sufficating)

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(@StrokeBloke)
Joined: 13 years ago

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Posts: 61

Thanks AK, your response gave me a smile.

It's been great news that the law has been on my side, where possible, and I'm very grateful for that.

I just hope that the next judge will stop her from being able to use more public funding for the sole reason of making me even more poor. Then she's got her parents (who have millions in assets) to keep funding her fight for complete control.

I would represent myself, but I lost the ability to speak clearly in public and other things as a result of one of the strokes.

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(@StrokeBloke)
Joined: 13 years ago

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Posts: 61

Dad i-d.
If you have a similar ex, then I feel for you.

Unless the ex starts being reasonable, then my only options are:
1. Give up, allow my ex to stop the access I've been given & hope that my son chooses to find me in 15 years.
2. Keep fighting to retain access
3. Keep fighting and also go for residency

Pretty sure I'm not quitting

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 ak57
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(@ak57)
Joined: 13 years ago

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Posts: 623

could you write to the Judge and cafcass explain what shes doing and when it comes to the hearing ask for the same judge as he knows the history, who knows they might refuse the case.

Dad i d , give me her email I will tell her lol

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 ak57
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(@ak57)
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NEVER GIVE UP ( even if its just to annoy them lol )

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(@StrokeBloke)
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No clue whether I could approach the Judge or CAFCASS. I'll ask the solicitor....

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(@dad-i-d)
Joined: 14 years ago

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Posts: 1306

LOL :silly:

I'm actually considering joining Fathers4Justice their FB page have been having thoguhts about doing a "Name & Shame" site for cases where ex's are obstructing fathers from seeing their kids through false allegations and the battles we read about daily on this site and others!

i won't be doing this though until my case is in a more stable place and contact is being resumed or looks unlikely to ever end.

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 ak57
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(@ak57)
Joined: 13 years ago

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Posts: 623

Ive thought about going on one of there marches, we could all wear Dads info t shirts and photos of the children on the back we are fighting to see.

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(@Ivan Dobski)
Joined: 12 years ago

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Posts: 181

I would represent myself, but I lost the ability to speak clearly in public and other things as a result of one of the strokes.

Mate I'd still think about it they do offer assistance at court for people who are disabled why not phone up and find out what services are available maybe even see if a family member/mate can speak for you if it's that difficult to speak. Certainly dont get into anymore debt or quit either. Remember as well I dont think the legal aid is unlimited in family cases so she's using it up a a rate of knots moving around as each solicitor will be taking time to read files etc and then represent her.

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(@StrokeBloke)
Joined: 13 years ago

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Posts: 61

Hi Ivan, I got the call from my solicitor yesterday to say that we're in court on Monday.
I'll have a chat with the solicitor in the time we spend waiting.
Since the ex is on legal aid, she's having barristors to represent her. So I wouldn't feel comfortable having a friend who's not legally qualified to represent me. Plus if we lost the access that we've fought so much for, I wouldn't want the person to blame themselves.

So, considering that I've done nothing wrong, and I'm only trying to get 2 nights every 3 weeks (plus Xmas as the ex is muslim & a share of birthdays), I will have spent at least £15k. It's sickening.

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