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Hi There,
Hope you all are well. First post so if this has been discussed before I apologise and kindly request direction to the correct place please.
Long story short. My baby girl was born in October 2013, I played an active role in her day to day upringing until her mother and I seperated in March 2014 (I am named father on the birth certificate), my ex and I were going thru court until she insisted we do this out of court; get to see my daughter two days a week. I agreed as it meant I could see my daughter straight away (big mistake). I had recorded/supervised sessions incase she ever went back on her word before going unsupervised. In Sept 2015 my ex emailed me to say she appreciates the bond my daughter and I have but will be moving 150 miles away, she added that she would find a replacement "pick up/drop off" location before her move to make sure nothing is interrupted. I haven't heard from my ex since her last email.
I'm representing myself in court. After a big hoo-ha in the court regarding which area has jurisdiction, a court date was set.
I was looking forward to the FHDRA and an interim where I would get to see my daughter asap. My ex solicitor has applied to postpone the hearing due to my ex being pregnant. I'm dreading that she will keep doing this and because it's a valid reason, the court may keep postponing. I was hoping to apply to the court to have the hearing pulled forward to an earlier date? Would I address a letter with my position statement to the clerk/residing judge in the case? Or is there a "C" form I need to accompany with my application to bring the hearing forward? or have an interim order made until she feels ready to attend court?
Thanks so much,
Yass - running on a treadmill, feeling, like I'm getting nowhere .
Hi there
I doubt the court would adjourn repeatedly, we've had members whos ex attended court soon after the birth of another child.
There's no form, but you can write a letter to the court, if you look on your court paperwork it might tell you who the judge is that wil be sitting, if it's a court adviser, or there's no one named just address it to the clerk to the court.
It's not necessary to include a position statement, just include a very brief background, as you have above and then your reasons why you feel it is important that the hearing date either stands or is bought forward rather than postponed.
As there has been a break of 7 months since you had contact with your child, I doubt the court would agree to interim arrangements before safeguarding checks have been done.
Best of luck
Hi and welcome to the forum
Mojo has given you good advice and I second the opinion that the court would be unlikely to order contact unless CAFCASS have carried out safeguarding checks. I would just like to add that, unless the mother agrees to contact at a first hearing, you might want to be prepared to suggest an interim order for supervised contact as this might be an option the court would consider as a period of reintroduction. It might just move things along a bit faster for you. She can't keep postponing forever based on a pregnancy, it's not a terminal condition 🙂
Thank you both for your input. I sent a letter to the court with an updated position statement and got a refusal for bringing the date earlier and ordered that the current date in 10 days will stand.
I wanted to add that I applied thru the courts using a C100 form back in December 2015...it is because my ex partner moved over 150 miles the courts were sending my files back and forth until it was decided in April 2016 which court will be used. My ex has said in her statement that I have not tried to seek out the whereabouts of my baby girl, which is nonsense. I contacted Local Child Services, Police Force and any other body I could think relevant at the time, even the social services were shocked when they tried making 3 physical home visits to find ex-partner and daughter aren't at the address given anymore - my daughter was known to the relevant bodies before my ex moved away with her.
I am finding it very hard to et any sort of update, I've had a CAFCASS officer call me and take me through allegations my ex made.
Would I be overkilling if I took in another updated position statement on the day of the First Hearing?
You guys have been the best support I've had during this time, it's hard to sit down over a drink or meal and discuss this with anyone. I appreciate your input once again.
Thanks a lot,
Yass
Hi there
It's not long now...ten days to your hearing and as you have already sent in a position statement, unless there have been important developments since then, I would say you should wait and see what directions are given at the hearing...the judge may ask you both to file further statements at that point.
Perhaps write a very brief update if you feel it is important and take it in with you for the hearing, if appropriate you could tell the judge that you have a written update available if the court requires it, you would also need to have a copy for your ex and CAFCASS, who are likely to be in attendance.
Best of luck
Hi all, hope you are well. So I travelled 150 miles to the FHDRA hearing. My ex made a whole load of accusations from immaturity, being a bad dad by feeding my child too many mini Cheddar's, breaking the non-moleststion order, stalking her property and false imprisonment...
I had been seeing my daughter all the way up til September 2015, and the first few sessions were recorded. This worked in my favour so much as the judge and cafcass officer believe my bond with my daughter is second to none. I showed transcripts of phone conversations and texts exchanged between me ex and I and the judge said my ex was provoking contact by asking me to pick her up and take her for dinner.The fully aware a non-moleststion is in place. threw out all of her allegations and there will now be a fact finding for false imprisonment ONLY. My ex is a liar. The day she alleged it happened I have texts exchanged between us talking about our child, grocery shopping and going to eat out..and also a bill on my bank statement for the restaurant we ate at.
In the interim I get to see my daughter. Which is just what I wanted, hopefully this Sunday if the contact centre can accommodate at such short notice. hopefully jog my daughters memory of me, the cafcass officer recommended once a fortnight (150 miles away). I tried for once a week but the judge went with the recommendation of the cafcass officer.
The cafcass officer said to me if these allegations are found to be false my ex could be in serious trouble, I have been trying to search what kind of charges I can bring against her once the fact finding is over. Would anyone be able to kindly shed any light to this? Or do I just ignore the past, build the bond with my daughter and pretend my ex never made my life [censored] by accusing me of being violent towards her? It messed up so many good relations with people when she started calling up my friends to tell them what I am "really" like.
Sorry it got so long, mixture of excitement that I get to see my lil princess after 9months, she's 2 and half now, and adrenaline from sitting infront of a District Judge representing myself, nerve racking but def the result I wanted.
Thanks so much
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