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I am the father and got custody of my daughter 9 months ago, she's lived with me for 4 years on my own.
Mother lives 200 miles away she moved there as she cleared off for 2 yrs without seeing kid.
Anyway this long drive every3/4 weeks is bringing my kid to tears and i've barley worked in 2 years and cant afford 70 or so pound in fuel every 3/4 weeks, so i sought the order to be amended so i get the train which brings down the journey to 3 hours from 5 and for he to cover costs as she has never paid 1 penny towards her daughter.
So i went back to court today to get the order amended and the judge had made his decision before i even walked in and just ridiculed me from the off no matter what i said ... i got up to leave half way through after an argument with the judge as it was obvious i didnt stand a chance.
Anyway i sat down and then he finished off summing up and said the order to stand.
I ended up telling him he's a gender biased fucken [censored].
Anyway what can i do about making an appeal and is it worth it.
Effectively im on social security benefits and it should be quite obvious they dont put extra in for fuel ... but too add he took zero consideration in about the fact this journey is causing distress to my 6 year old daughter.
Id have thought id at least get the chance to make a statement showing my finances or for them to look into how it upsets my kid but nothing.
Hi
I'm sorry you've had this experience and the decision does sound rather biased with regard to travel arrangements and costs.
Unfortunately, arguing with a judge won't have helped matters.
If you feel the judge has been wrong in law to make this decision, you only have a short time to appeal. You have to ask for permission to appeal by writing to the tier above the judge that heard the case.
If you had a District Judge, you have to write to the Circuit Judge.
I would suggest giving these people a call to get free legal advice.
It was a joke the decision was made before i even got in there, i sheepishly said what i wanted and from there it was all down hill fastly... now i have a court order that i know upsets my daughter and ive got to find money i can ill afford.
Suppose i've given the mother a lifetimes worth of reasons not to mediate now with losing my temper at this wanker utterly biased judge and at every future hearing it'll be brought up.
Funny how when she was making her false accusations last timeout the judges did not say a thing to her.
From what i gather if it does go to appeal and i lose i will be up for paying her legal fees is this correct?
Be an irony if i go there showing im skint and end up with several thousands of pounds in costs.
As it would seem i have to continue with this ridiculous amount of travel for my young child and the courts obviously have never made a wrong decision.
I may look into moving to the south of England where i once lived, itd be 100 miles from the mother so halving the journey.
What is the chances of the courts granting me this without the need for a prolonged court case.
Current court order states i must seek the mothers permission to move my kid schools, without doubt she will object to me moving and would look as it as an opportunity to get custody.
Seems the court order has me well an truly trapped!
If she lived in the vicinity of your child's school and refused you permission to move, I could see that might mean she would have a chance at gaining residency.
However, as you would be moving to be closer to her, I don't think she'd have much of an arguement. Your first step is to contact her and explain your reasons for wanting to move, pointing out that you would be moving closer to make contact easier for your daughter. Request that she agree t the change of school.if she refuses you would have to try mediation and if that failed, an application for a Specific Issue Order.
As Yoda said, losing it and abusing the judge wasn't a great move, but hopefully you might get a different judgeand as the issue is about you moving to be closer to the mother, hopefully the court will see sense.
All the best
Problem is he has written in the court order i was abusive and called him a fckn prk, fck rsole.
Also he has put in the order that i was abusive to the mother throughout, this is not true.
Should i write to the courts and get this point taken out the order.
That's pretty damning!
You could try writing to the court, but I think you would have to make strong apologies for your behaviour and ask respectfully if the comments could be removed from the order....whether they would do this is anyone's guess.
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