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
My long term goal is shared residency with my son staying with me 3 nights a week. I understand that due to the nature of my ex's allegations I'm not gonna get that any time soon.
My priority now is to see my son outside of the contact centre, so at the next hearing I'll be asking the magistrates for an interim order where I can have contact in the community. I currently see him once a week every sunday for 3 hours supported contact. Its only 3 hours since the centre charges £30 per hour. So getting out is important since the fees are impacting the time I can spend with him.
I was thinking of asking for the following interim, Contact in the community:
Sunday 9am - 7pm
Monday 9am - 7pm
Tues 9am -7pm
I work from home, live 30min away and son doesnt start nursery until Sept so this is doable.
NOW ONTO THE HURDLE:
- Ex originally, in her non molesation order, stated that I can't come to her house unless its to pick up son
- She is now saying she doesn't want me near the house. I've done nothing to justify this, its just her tactic to restrict my contact to one day a week on the weekend.
- She works 7am to 7pm weekdays and is currently reliant on her elderly parents (70+ ) to look after son whilst she is at work. My argument is, since I work at home why can't I take over some of that duty. It will ease the burden on her folks after all.
- I have asked her if it was possible to see my son at the contact centre during the week and she has refused citing she is at work and so cant drop him off and wont ask her elderly parents to take the 10min bus journey to the centre.
SO WHAT ARE MY SOLUTIONS?
- do I just accept seeing my son just one day a week in the community
- is it possible to convince the magistrates to make an order where I can pick up and drop off my son from her house. It can be done without me and her coming into contact. I just wait at the top of the driveway, and they can just open the door to let my son out or in. He can easily walk down the short driveway.
- another solution.
I have just come out of the centre and in the community now supported of course.
I am writing a contact proposal (see my first post) and was advised to increase contact gradually. In your case, 3hrs, then 5 then 8hrs, staying late for dinner then overnight (1, 2, 3 nights).
I have used 4 weeks interval to progress to the next stage. Ex should suggest where you can pick and drop off child so that sorts out the non-mol bit. She can also apply to discharge the non-mol or vary it to allow for drop offs. When does the non-mol expire? Might be worth planning your proposal calendar to sync with when the non-mol ends. You can also request for a variation if it conflicts with the court order.
Why not use the grandparents' ?
The non molestation order I have states that I can come to her house to pick up son, but only from the driveway. However, she doesnt want me near the house and wants everything done at the centre. Problem is, she claims her parents are too weak to take the 10min bus journey to the centre during weekday and she cant because she works. Also, wants son on Satuday. So that only leaves Sunday.
Your contact proposal is that the final one or an interim?
So what do people think should be my stratergy, both in the interim and long term goal of shared residency with 3 overnights in a week.
I think it will benefit my son to see me more than one day a week especially in the interim.
Sunday is not a problem. Its finding a solution to allow contact on the weekdays.
Need to find a way of getting interim contact in the community that is more than one day a week.
Hey guys, don't get so bogged down in the details, better to have your general proposals of contact prepared and let the court / CAFCASS agree on the finer points. The judge just wants to see you focused on the best interests of your children and will deal with timings and locations once the basics are in place. Good luck and well done for being there for your children 🙂
BM
With the current situation you are in, I would definitely be asking for unsupervised contact away from the contact centre.
Whether you get the number of hours you are asking for is something that will be decided in court. The things to consider is that what you are asking for is a big jump from what you currently have. But with these things, if you ask for 3 whole days, and perhaps only get 3 half days to start with, then that is still progress and something that can further be built upon.
The fact is, the contact centre is prohibitive and limits the time you can spend with your son. So without any good reason to keep contact in the centre, naturally it should move to your home and the local community.
It would be far better for your son to spend plenty of quality time with you than it would be to have a childminder look after him in the day - I don't know if your ex works or not. But in any case, without reason to keep you both in the centre, you should push for more time during the week and weekend for contact in your local area. You live local, and thus there will be minimal disruption to your son. State to the court that your proposal for midweek contact and weekend contact will allow you and your son to further bond, whilst doing activites appropriate to his age, all locally, which wont disrupt his routine.
As for drop offs and handovers, it seems to me that your ex is just making excuses for why these cannot occur at certain locations, in the knowledge that it could thwart contact. This is not good enough on her part. I would go to court with various options for how handovers can be facilitated i.e at her home on the driveway, at a local police station, public place (train station/supermarket e.t.c), or even the contact centre. If she makes excuses for why none of these is feasible, then the judges will quickly lose patience with her.
The key thing is to be part of the solution while allowing your ex to continue to show why she is part of the problem. The court wont tolerate her putting roadblocks in the way and im sure handovers can be agreed if the judge/magistrates lean on her and her solicitor.
Simon.
Thanks Simon
Me fear is that the 3 magistrates and legal advisor who are handling my case will be blind sided by my ex DV allegations and keep me at the centre to cover their asses.
I need to find a way of stopping this.
I think here the key thing is that your ex has put herself in a bad position by making the allegation now, especially after a finding of fact hearing was turned down - either by herself (which I find strange that she was given a decision on this) or by the magistrates.
Going forward, you need to nip this in the bud now to ensure that any allegations are dealt with now. It is clear that your ex is using them to thwart contact and delay progression, so they need to be dealt with now, so that they do not impact proceedings any further. You could state to the court that you are concerned that fresh allegations are now surfacing, during proceedings, that have never bee made before either to cafcass, court, or even the police. And on that basis, you would like the court to determine whether these allegations are relevent to contact, and if do, hold a fact find hearing to ascertain whether they are true or false. The fact that your ex has made an allegation now, which dates back years, that has no evidence to substantiate it, would suggest to me the holding of a fact find would be pointless, and secondly, the allegation wouldnt get very far.
Also, if your ex truly felt the allegation meant your child was at harm during contact, she should have made the allegation in court before now, and to cafcass during initial safeguarding interviews. Any mother who truly has the best interests of the child at heart would speak up about this type of allegation when she had the opportunity in court. She didnt, which to me, makes her claims seem extremely spurious.
I think ask for a fact find, or that the allegations be treated as allegations not found, and that the case can then proceed without them clouding the important issues. You need to get the court to cut through the guff and hone in on the real issues at hand. Which is contact progression; nature and duration.
Hope this helps.,
Simon.
Try not to get too sucked in to defense, it's for her to prove why contact should not progress. Your priority is getting an unsupervised order. I also think your current position is unrealistic but it's a good stand point for negotiations. I agree with Simon7580.
From conversation with cafcass, i think the norm e.g. 2hrs supervised, 2hrs supported, then 2/4hrs unsupervised progressing to 6, 8 and evening etc.
I would write an overview plan up to overnights so you can save coming back to court endlessly with a clause permitting an application should things go wrong. There is normally a review hearing before a final hearing so don't bug yourself with the fine details
Try not to get too sucked in to defense, it's for her to prove why contact should not progress. Your priority is getting an unsupervised order. I also think your current position is unrealistic but it's a good stand point for negotiations. I agree with Simon7580.
From conversation with cafcass, i think the norm e.g. 2hrs supervised, 2hrs supported, then 2/4hrs unsupervised progressing to 6, 8 and evening etc.
I would write an overview plan up to overnights so you can save coming back to court endlessly with a clause permitting an application should things go wrong. There is normally a review hearing before a final hearing so don't bug yourself with the fine details
Hey, thanks
Can you tell me a bit about your circumstances in your case?
Was your ex willing for you to see your child or did you have to fight it? Also, what was the reasoning for your contact to progress from 4 to 6 to 8hrs? Did your working hours have any bearing on it?
Each case is different so it would be interesting to know if youre happy to share
PM me
PM me
hey, i'll do that. thanks.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.