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Final hearing a few weeks away. I'm desperate to find a solution and not let the magistrates, a bunch of fence sitters, to decide my sons future.
My ex in her statement is seeking an order where I can only see him in a contact centre, once a week. Cafcass in their section 7 report have supported her and deemed me a high risk despite stating there is no evidence to support her DV allegations.
In my favour:
1) The Police and CPS have spent 6 weeks investigating my wifes allegation (including all the 'evidence' she is using in Family courts) and did not charge me
2) The judge at the NMO made no finding of fact
3) At the first child arrangement hearing my wife turned down a fact finding citing that the abuse was mainly financial and emotional (which I deny)
4) The tape recording that my wife used against shows that I did make a threat BUT the majority of it is me talking about the emotional abuse she has inflicted on me for years and she can even be heard admitting to it.
I'm gonna go down fighting at the final hearing. Despite the police dropping the case, she is gonna keep playing the DV card.
However, Im desperate for it not to reach that stage. I still have hope that we can reach an amicable agreement. Based on her statement her main fears (or what she is claiming) is (1) me coming near her and (2) me not returning our son. Surely this can be addressed via an undertaking or something.
I am tempted to write to her solicitor once last time asking if we can reach an amicable solution.
Yes, I can leave it for the court but I have lost all faith in the system. They are a bunch of fence sitters who only make decisions to cover their own backsides. I dont want them to play any part in deciding my sons future contact with me.
I dont know what to do. Advise needed.
Hi BM
It's really your choice if you want to attempt one last letter to the solicitors. You know your ex better than anyone to gauge whether there's any agreement to broker.
I suppose if you write to them, there might be a slight chance of moving things along although any outcome could depend on the type of advice her solicitor is likely to hand down.
There should also be an opportunity to try a last minute agreement at court.
I may regret this but i have sent her a letter (via her solicitor) simply asking her to tell me what she wants me to do to convince her to let me be part of our sons life.
I either suggested an undertaking where i promise not to go near her and to return son back at agreed times.
She has made no allegations between me and son so if she refuses this offer then I will use it against her. It means that she is unecessarily hostile in regards to contact and it maybe better for the courts to make the more reasonable parent, ie the one who will encourage contact with both parents, to be made primary carer.
It probably wont work but if she is unwilling to even be flexible then i need to fight fire with fire. i will use the emotional abuse she prepretated on me against her. The taped recording she has used against me is evidence of her abuse.
Dusgraceful its come to this
If anyone who knows my case has a better stratergy let me know please.
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