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Hi Gents.
I imaging I'm one of many but I posted before Xmas about what to me was a living nightmare that many others have been or going through.
In brief. I split with partner and she rapidly become very spiteful. I was allowed my son for Couple hours here and there then all contact stopped for 9 weeks including all over Xmas. Me and my family was gutted. She refused mediation and c100 off it went.
First hearing.
I never knew how low someone could go. I was accused in her position statement of being a druggie, alcholic, behaviour problems, mental health problems, having no relationship with my son and I threatened to kidnapped him to another country. When I was in the court interview rooml my world was collapsing. I had my cafcass report in with only half these allegations and they seem to write a ok report. I was very easy going no bad mouthing and they said no real concern other then few issues she raised. I denied all these and other then the toxic relationship my son never sufferered.
The result.
All things concerning I didn't think I done to bad to be in the position I am. We both had barristers and I was going to self represent but glad I didn't. Bit by bit the barristers went back and fourth and my barrister said there alot of inconsistencies in her paperwork. Everytime my barrister came back a allegation had mystically been taken away by the opposition. How nice of them. Before we went into court I was left to make a little bit of a deal although I totally disagree with it.
1) I have to have a drugs test (no problem)
2) I have to get a letter from my GP saying I'm basically not mental (no problem)
3) in the interim and this bit that hurt most. I got to go supervised to contact until results in then we renegotiate contact with no further allegations on the table
The judge agreed and had no concern and no s7 from cafcass was required. He said after my test we could agree to consent order or I'm back in April to fight it out. I've heard a consent order ain't worth paper it wrote on and I can't risk going through this again.
I got to admit I want to see my son but I've loved and cared for him since birth (18 months old) I eat humble pie and feel like a criminal being supervised but it's all about ticking boxes I was told.
My questions
1) do you think I got a fair deal ?
2)Anyone advice on contact centre?
3) is a consent order any good?
4) is there any precautions I can take in next step to stop further false allegations
If anyone would like any knowledge from my case so far I'd be more then happy to share as this site has gave me great help so far and I'd like to return the help if I can in anyway.
The show goes on and chin up and keep fighting as I generally thought I was doomed but making progress and like to think worse over but hey seems most of us on here picked a nutty one ay ha.
Thanks alot Gents.
Hi there
Courts take the safety of children very seriously and therefore they have to take a cautious approach when there have been serious allegations made. Their only priority is the safety of the child and so this is why they will always take this position until the allegations can be. Resolved.
A consent order is still legally binding, all court orders are, but don't accept less than you would be happy with. As a minimum you should be looking at a schedule of contact that progresses over a six month period to weekends, with overnight stays and a midweek contact visit too.
It difficult when an ex is prone to making allegations, just be aware that she has the potential to,cause more trouble and try not to put yourself in a position where she is able to. For handovers, when they apply, meet in public place, or take a friend with you, don't respond to any nasty texts or emails with the same, or send her any texts as she can claim you are harassing her, better to go through her solicitor.
You are making progress and although the process is slow you are on your way to getting your relationship with your child back on track...patience is your ally right now.
All the best
I was thinking of only saying texts for emergency and to meet in local supermarket car park where there cctv. I really cannot risk not being safeguarded from further allegations.
I can't see a fair arrangement being struck in terms of a consent order but will however see how things progress and I'm only looking for alternative weekends and one weekday early evening for Couple hours so don't think I'm asking to much but will see.
Thanks again Mojo and look forward to ended this with a positive final post.
Hi there,
As mojo has said the courts will look at the safety of the children first, if you have agreed to a drug test and doctors assessment then in my view you have done things the right way, get them sorted asap go through the contact centre and then go back to court, I agree that a public meeting place would be best to protect you, and with what you are asking for it all seems very reasonable.
Good luck and keep us posted
GTTS
hows things going mr b,
Sorry for late reply I've only just read this.
I've had my second hearing and contact has regularly progressed. I went to the contact centre first then after second hearing I have 6hrs every other sat/sun and 2hrs on a weekday.
Final hearing approaching and the judges asked for us to try sort our issues and work towards a possible concent order. I tried this recently and this was met with allegations of harassment and saying that my son is traumatised and contact should not go forward. It seems a Leppard don't change its spots and she going to be a nightmare to the finish which is stupid because her and her family are really struggling with the legal costs but she can't sit at a table and talk like adults without being completely unreasonable or realistic.
We no longer communicate which is a shame but final hearing in October where I'm hoping to get what I was after from the start.
Thanks
It is a shame, but you can't put yourself in a position where you could be accused of harassment. It might be useful to suggest to her solicitor that you introduce a communication book that stays with your child, you can both use it to mention anything concerning your child, so that there's a line of communication between you.
It would also be helpful for the court if you were to prepare a brief position statement that you can take to the next hearing with you, you can then explain that you have made an attempt to try and sort out the issues, but you were accused of harassment and chose not to make any further attempts, for fear of an injunction being raised against you. You could also mention how important a line of communication is and that you tried to have a communication book introduced and what the outcome of that was.
All the best
Thank you for your reply.
I really would like to try avoid a communication book as I think that is ridiculous co parenting but I totally understand how they are required and definitely not rule it out with my ex because of how unpredictable her behaviour is. I'm going to just carry on picking him up and let the dust settle for a bit and see how it goes. I know her and her family are struggling with the legal costs and it's in her interest to try come to an arrangement but I won't count my chickens.
I might try one last time at my door under camera later down politely if she willing to sit down somewhere public or would be willing to take a letter of my suggestions and come back to me with what she thinks on the paper and see how it goes. It's a joke really how much I have to tread on eggshells for something that most adults can do and Co parent but let's face it anyone who been through the court process does not have a simple run.
Thanks again Gents.
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