DAD.info
Forum - Ask questions. Get answers.
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

Second hearing advi...
 
Notifications
Clear all

[Solved] Second hearing advise please!

 
(@Wizzybizz)
Active Member Registered

We (husband and i) have recieved the intrim court order through finally. Judge has asked for husband (dad) and his ex (mum) to attend a seperated parents info program and there is no need for mediation. He has asked cafcass to investigate with a section 7 report too.

Hubby has done his parenting class and found it very informative.

However, hubby and his ex have both writen their statements (judge asked for a statement off each of them no longer than 4 pages) and they had to send their statements to eachother.

Since she has recieved his statement she has become even more volitile and intimidating. She has set up the 8yo a facebook account and when hubby asked her to delete it as its not appropriate she refused and said no if he deletes fb she will also delete his skype (how hubby and the kids communicate) is there aby way we can get her to back off? She is making him question his own opinions and making him feel intimidated and threatened.

Also, if i (kids step mum) want to become part of the proceedings can i do this? Or could hubby use me as a witness?

Thanks

Quote
Topic starter Posted : 20/10/2016 10:03 pm
(@dadmod4)
Illustrious Member

It's all for the court to order her to do these things, as there isn't anything he can do without that, so you'd need to explain this to the court.

As for you being party to the proceesings, my opinion is that could well inflame an already bad situation as his ex isn't going to take well to you being involved, so I would avoid bringing that into the court, certainly for now.

ReplyQuote
Posted : 21/10/2016 1:00 am
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

Was skype mentioned in the interim order as part of the contact schedule? If not then it might be worth bringing this up at the next hearing and asking for it to be defined in the final order.

I agree that at 8 years old, the child is too young to have a FB account, but as Skype contact is so important and is under threat if you try and interfere with it, it might be better to drop it.....at least you can monitor what she is posting on her FB pages and if there is anything that is concerning, screenshot it and bring it up with the mother and court at the next hearing.

Is there a particular reason why you wish to be added as a party to proceedings? As actd says, it could inflame an already fractured situation, but it is possible and you would need to submit form C2 to ask for permission. It does allow you into court and privy to the proceedings.

ReplyQuote
Posted : 21/10/2016 3:13 am
(@Wizzybizz)
Active Member Registered

Said facebook account is nkw untraceable. Unsure if it has been deleted/we have been blocked but we cant see it any more..

The judge said the current agreement remains until a final order (which consisted of skype due to a 170 mile distance and school holiday stays)
Basically i have known the children since they were tiny and was heavily involved in their daily lives as they lived with us and we bonded really well. Also hubby is applying for residency and as he works full time i would technically be the primary carer. I rang the court house and the court house said i was already down as part of the prceedings (as we filled the c100 in and i also applied for pr at the sane time. judge adjourned the pr until the residency issue is sorted out.) the woman on the phone said i was part of the proceedings and thats why i got the court order also sent and addressed to me but im not a party in the proceedings.. Just a little confused

ReplyQuote
Topic starter Posted : 21/10/2016 3:22 am
 Mojo
(@Mojo)
Illustrious Member Registered

..that doesn't sound right... I'm not legally trained so it could be the case, but court office staff aren't infallible.

From what you say it would be reasonable to be a party (if you're not) for the reasons you have cited, form C2 would be the form you need to ask for that and I think the fee for submitting it is £90, but don't quote me on that!

You could call Coram child law Adviceline and run the "I'm a part of proceedings but not a party" and see what their take is on it.

Have you been allowed to sit in court with your husband during the previous hearings? If you have and orders are also addressed to,you, that would suggest that you are a party.....confused!

ReplyQuote
Posted : 21/10/2016 3:32 am
 Yoda
(@yoda)
Famed Member

If you put yourself on the C100 application form, your name appears on the CAFCASS letter that was originally provided to court and you were allowed into the proceedings at the first hearing, then you would be a party to proceedings.

With regard to the FB account you could try looking the account up via a friend's account if that's possible and see if they can see it. If it can.t be seen I guess you can assume it has been deleted. If it can still be seen or the issues around Skype continue, you could speak to the CAFCASS officer who is dealing with your case and seek their advice or assistance.

They might be willing to speak with the mother to point out she needs to comply with the court ordered Skype contact in this interim period. Most CAFCASS officers will assist with issues like these when a S7 is being carried out.

ReplyQuote
Posted : 21/10/2016 11:40 am
Share:

Pin It on Pinterest