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After a relationship breakdown that has been a long time coming (she would binge drink, get abusive, self harm if not getting own way etc etc), she moved out (actually, she wasn't making any effort on going anywhere and i had to evict, but she decided to take our 7yr old with her).
She made it quite clear that she would make it difficult to see my son, and took strange pleasure in telling me that she would use mediation just as a delay and she would drag it out as long as possible, and then wouldnt stick to it as its not binding anyway. And refused to give me her address to also delay.
I do get to see my son, every other weekend, depending on what frame of mind she is in. Whether ive responded to her text messages within her expected time window. "Offers" him for saturday/sun. Threatens to cancel. Turns up late. Sets limitations (not allowed to ride his bike for example). Offers more time in school holidays, cancels etc. Messages my parents saying that she will think about maybe letting them have him for a few days during the holidays, but doesn't. Changes the drop off/pick up location. tells me that i can call him anytime, then switches phone off.
I'm not looking for anything out of the ordinary. Im looking for fri eve-sun each fortnight, from a fixed neutral point, and that pick up/drop off to be either myself or my parents. Plus phone calls during the week. School hols on a first week/second week basis. Fairly normal contact order. But it needs to be official as i cannot trust her to stick to anything agreed.
Anyway, i did the mediation on my own, and decided not to invite her, just took the signed page 19.
Completed C100
Complete C004 search and find
The court has written back with a case number, and ordered it to a different court (local family court)
And now i am in unknown territory...
What happens next?
How far away is a date likely to be? (asking as i may need to cancel something in mid september) or do they suggest several dates?
I read of a "bundle" on here, but what is it? How do i know what to put in it? Will the court tell me?
Thanks
Hi there
A first court hearing is usually 4-8 weeks from the court listing one.
The first thing that will happen is you will receive a letter from CAFCASS, they will schedule a phone call with you and the mother to try and assess where you are both at and what you would like to happen. They will produce a short letter to the court giving their recommendations and will also likely be at the hearing to assist the court.
It might help to prepare a very short position statement for the court, no longer than 2 pages. Just write down the background, when / why you split, what arrangements have been, why they are not working or have broken down and what you would like the court to do.
Bundles are only produced for hearings that involve one party having a solicitor unless you get to the point of a fully contested final hearing which would be months away. A bundle is basically a folder containing all the documents created during the proceedings so it's worth making sure you put every piece of paper in a folder as you go along in case you need it at a later date.
Have a good read through our stickies at the top of the Legal Eagle section and it might be worth you attending a Families Need Fathers meeting in your local area to get some support.
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