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I have been the sole carer of my daughter since birth , the mother with a history of alcoholism relapsed while pregnant , left my home as she was a danger to my child , nearly 2 1/2 years later , cafcass and magistrates have ordered I have 3 days care and the mother 4 days after being rehabilitated, over the last 2 years , I've been falsely accused of DV , unproven, the mother up until court was unreliable with visits , since April she has had 28 hours per week of access , not overnight , if I go district court do I have a realistic chance of overturning the magistrates decision , my record is clean of everything
I have no real legal advice but that is terrible your ex sounds like a nasty piece of work and you have done a great job I'm sure someone will advise you but what a dreadful decision
Hi.
I'm unsure of whether the magistrates decision can be overturned but I suspect yes it could as the county/family court is the higher court.
A finding of fact hearing should explore whether she is suitable post rehabilitation and whether the accusations concerning DV are substantiated. Be mindful that the family courts use Balance of probabilities as opposed to reasonable doubt which is less stringent.
On the plus side your two and a half years of proven parenting and the courts insistence of the needs of the child would stand you in good stead. Aim for a change in the majority of care from your child being with you three days to say four or five days
Diarise everything, write everything down. Take a solicitor if your means allows and dig in for the big fight.
P
Hi there
I'm not sure whether you're talking about appealing or making another application? If it's an appeal you're talking about, you only have three weeks to do this. Do you have a solicitor?
I have to say that the result seems extremely harsh, effectively they have transferred residence of your daughter to your ex alcoholic ex, even though your daughter has been with you since birth....how on earth did they reach this decision.
Magistrates are lay people without a background in law, they can often be hesitant to take any kind of strong stance and will often "go with the flow", whereas a district Judge has a legal background and understands it's nuances, a good DJ will take firm control of a case and cut through much of the waffle and indecision.... A good judge will usually steer a case in the right direction.
Perhaps you can explain how you may be taking your case up to county from Magistrates?
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