DAD.info
Forum - Ask questions. Get answers.
Welcome to the DAD.Info forum: Important Information – open to read:

Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.

Alternatively, if you are in crisis, please call Samaritans on 116 123.

If you are worried about you or someone you know is at risk of harm, please click here: How we can help

Mother of Child Lyi...
 
Notifications
Clear all

[Solved] Mother of Child Lying

Page 5 / 6
 
 Mojo
(@Mojo)
Illustrious Member Registered

I'm loathe to say that it won't go to an FoF, a lot depends on the calibre of judge to be honest, often if there's no give from either side it often suits them to take it to FoF.

As far as interim contact, again it's unpredictable, but I repeat my advice to push for supervised contact if it looks like getting agreement on contact is a struggle... instruct your solicitor to push strongly on this issue.

If it goes the way your solicitor thinks, it's possible the court will want a section 7 report prepared, this can take up to 16 weeks so the next hearing would reflect that. It's better to try and concentrate on your current hearing and put what ifs to one side, yes be prepared and tailor expectations but concentrate on putting a strong case across.

All the best

ReplyQuote
Posted : 12/01/2018 3:48 pm
Optimus and Optimus reacted
(@Optimus)
Eminent Member Registered

Yeah this one is the First Directions. I've asked my Solicitor to try and negotiate a cease fire but so far my Ex has been completely unreasonable because she's not focussed on the child. At the moment her mindset is she cannot lose the child. Not what is best for the child.

I can't see anything but a Fact Finding occurring which is why I'm resigned to it and not getting my hopes up in advance.
She's obviously applied for a Non Mol, which I think she will get because I did sent some shitty texts the day she took our child and unfortunately that's enough for that application to be proven - though I have offered a 6 month undertaking.

It really is a case of whoever is in control of the 'ball' holds all the cards at this stage. Brutally unfair. The best advice I could give any Dads is if it looks like it's about to go down the Court route, take the Child before she does.

ReplyQuote
Topic starter Posted : 12/01/2018 3:54 pm
 Mojo
(@Mojo)
Illustrious Member Registered

I'm not sure removing a child from the mother is the best advice, depending on the circumstances of course... it shouldn't be that way, but unfortunately it is and once a father removes a child, the mother goes to court for the child's return, the court orders the return, the father then has the added issue of potential future abduction to contend with, which makes fair contact much harder to achieve... that's the reality.

ReplyQuote
Posted : 12/01/2018 4:03 pm
(@Optimus)
Eminent Member Registered

I'm not sure removing a child from the mother is the best advice, depending on the circumstances of course... it shouldn't be that way, but unfortunately it is and once a father removes a child, the mother goes to court for the child's return, the court orders the return, the father then has the added issue of potential future abduction to contend with, which makes fair contact much harder to achieve... that's the reality.

That's the crazy thing. I went to court because the mother had taken off with the child.
The court ordered the child to be returned home.

Only once the child had been ordered to be returned to the care of both parents forthwith did allegations of DV magically appear!

ReplyQuote
Topic starter Posted : 12/01/2018 4:06 pm
 Mojo
(@Mojo)
Illustrious Member Registered

I know, and I completely understand where you're coming from, but it's a very fine line that fathers have to tread unfortunately.

You mentioned she was in a refuge, the "professionals" there will be advising her strongly and the courts would be uncomfortable disputing her need to be there!

ReplyQuote
Posted : 12/01/2018 4:14 pm
(@Optimus)
Eminent Member Registered

I know, and I completely understand where you're coming from, but it's a very fine line that fathers have to tread unfortunately.

You mentioned she was in a refuge, the "professionals" there will be advising her strongly and the courts would be uncomfortable disputing her need to be there!

Yep. Only ran off to a Refuge from a family member's home after she recieved a letter from my Solicitor requesting she bring the child home.
She's been granted access to a Refuge without substance or a mark on her. Lies, Lies and more Lies.

ReplyQuote
Topic starter Posted : 12/01/2018 4:18 pm
(@Optimus)
Eminent Member Registered

OK I have an update. I have my letter from Cafcass. It states as there are significant concerns regarding alleged domestic abuse they would not endorse any interim contact at this stage. It says a S7 report is required to fully assess the risks in this case.

Am I fucked?

ReplyQuote
Topic starter Posted : 12/01/2018 6:08 pm
(@justdad)
Estimable Member Registered

You're not fucked, you're just as a different phase of this pantomime. There won't be any contact for at least twelve weeks though. The Section 7 will take that long.

Now is the time to start researching - build yourself an understanding of how social workers and CAFCASS make their decisions.

Also of course ensure you have sufficient evidence to refute her DV claims.

Settle down for a good six months of hearings 🙁

If the S7 goes well, contact will likely be ordered at the hearing after the next one.

ReplyQuote
Posted : 12/01/2018 6:51 pm
(@Optimus)
Eminent Member Registered

Apparently the local authority are involved with the Child so Cafcass have said they should prepare the S7.
My Solicitor doesn't think they will begin to prepare it though until after the fact finding. It's the First Directions hearing next week so I guess that's when they'll set a date for the Fact Finding?

Yeah I estimated around 6 months from now before it's all done...

ReplyQuote
Topic starter Posted : 12/01/2018 6:56 pm
(@Optimus)
Eminent Member Registered

OK well thanks to her allegations I got a Non Mol made against me for 6 months or until the conclusion of proceedings. There's going to be a fact finding hearing in approximately April... So I won't have seen my child for around 6 months by the time the hearing comes round. Then even if her allegations are unproven I will be waiting until likely August/September for the S7 Report.

My Scott Schedule includes a mountain of evidence that literally PROVES the ex is lying. Cafcass wanted to chat about how I felt about the situation and I pointed out to them that they seem to be taking a stance withe me of guilty until proven innocent.

Meanwhile my ex, who is actually genuinely responsible for DV, of which I have proof and even admittance, as listed in the Scott Schedule has free reign over our child.

Completely fair...

ReplyQuote
Topic starter Posted : 17/01/2018 1:13 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Sorry to hear this O... did you push for contact centre supervision? Why so long for the completion of the S7?

ReplyQuote
Posted : 17/01/2018 1:18 pm
(@Optimus)
Eminent Member Registered

Sorry to hear this O... did you push for contact centre supervision? Why so long for the completion of the S7?

I did but because SHE opposed it, the Court can only make a recommendation and not an order unless she agrees. She's contesting contact with these allegations. It's so fucked up. It's blatantly obvious with what I have submitted in response to her allegations she's lying/capable of lying and her credibility is in serious question.

I asked my Solicitor if they were representing her and they had seen my response would they be concerned. My Solicitor said they would be very concerned if they were her Solicitor. S7 can't be prepared until the outcome of the hearing. What a fucked up world we live in.

ReplyQuote
Topic starter Posted : 17/01/2018 1:26 pm
Page 5 / 6
Share:

Pin It on Pinterest