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Hi All,
Thanks so much for the support so far, 🙂
Turned up for first hearing to be told ex is being legally repented last minute ... no idea how she can afford this their is DV with her current boyfriend could she get legal aid because of this – how do i check if she is legal aid represented or funding herself this will have a bearing on how many lies she will tell i am sure.
Cafcass not present –
No section 2 schedule
After over two hours waiting round we get presented with a section 7 report and the ex’s solicitor said to us (me and my wife) i take it you will want to withdraw your application now ?
The section 7 basically just said i was obsessed with her and wouldn’t allow her to get on with her life with her new partner, my only concern is the children they have witness DV and alcohol abuse because of current partner hence why i do not like my children being expose to him,
i am married with a nearly 2 year old daughter with wife who supports me in this processes,
Child services (social services) are just so bias and said school have not reported any concerns although my son is under counselling at school.
No one has addressed my children’s concerns son is 9 in September, and daughter is 6 next month no one has spoken with them,
Any way i have been told i will have a final contested hearing mid May we need to serve statements 2 weeks before on the same day ( she won’t do this )
It’s like everyone has washed their hands ..called it jealous ex syndrome and she has all the support and guidance ,
Her solicitor took great pleasure in telling me i would need to prepare the court bundle ... i said no problem but spoke with court advisor whom didn't like this attitude of her advisor and said no she is legally represented they can do it ... :}
However i have to confuse no idea what they mean by court bundle...
Massive part of me wants it all to stop but i am doing this for my children I’m their voice and that’s what keeps me going on..... why are they being failed so much?
unsure what to do now ...should i contact cafcass and ask why no futher action , should i dispute section 7 as it's very bias and doesn't address the concerns of the children ,
head is spinning - taking the children away for Easter next week i am sure she will stop this but would really like to give them a little break it's no where fancy being half term everywhere takes the pi$$ .... trying not to let that worry me deal with it if it happens ,
i knew i shouldn't expect too much but honestly nothing ..bit of a shock
Hey Mate,
Tough day but you move on & continue the longer battle...
What did the court summarise?
I would get in touch with CAFCASS & report your concerns - speak to them followed up by a written letter.
Also escalate to CAFCASS Supervisor & request they review the report.
I would then write to the court advising them of your concerns on the report - which may result in further directions hearing before the final hearing.
The bundle is basically your pack of evidence for final hearing - personal statement, testimonies, evidence etc...along with an index cataloguing evidence.
Take a deep breath, relax with missus & your daughter - for you are still blessed...
I'm confused here...a section 7 report has to be ordered by the judge and as this was your first hearing how can that be??? Are you sure it's a section 7 because part of that would be to include the wishes and feelings of the children. It's also usual for you to be observed by the social worker compiling the report with your children,this is called an observational visit and also forms part of the report. The fact that the children are receiving counselling at school should also be included in the report.
She couldn't get legal aid on the strength of DV from her current partner, he isn't a part of the case.
Sounds like her solicitor is taking advantage of his legal standing and trying to intimidate you. It's the duty of the respondent to take care of the court bundle, unless the respondent is a LIP and the other side has legal representation, in these circumstances they can be ordered to compile it. It's up to the judge to order the court bundle and state who should compile it....if there was no mention of it then I wouldn't worry about it.
It's outrageous that this report was presented to you so late, you can challenge its content and any omissions or wrong information. In the first instance contact the compiler but don't hesitate to take it to their manager if you don't get a fair response.
Sorry should say we didnt get to met with a judge today as no cafcass present ,
Nannyjane you have hit the nail on the head ........it's not a section 7 !! 👿
i didn't think it was but her solicitor present it and told the court legal officer it was and tried to get us to pull out
thank you so much nannyjane and loving_dad honestly i just feel done over but have now been given the strength to dust off and contact everyone i need to [censored] can't believe this lol
Her solicitor sounds as if he isn't very good at his job!
Email the CAFCASS officer that did the schedule 2 and ask them to amend their report because you feel that important information about the children receiving counselling has been left out. Ask them why, when you are happily married, did they wrongly assume that you were obsessed with your ex and reiterate that your only area of interest is your child and their well being. Express your concern at the one-sidedness of the report and that you weren't given the opportunity to read it in time to request the amendments. Further state that you don't consider it a fair representation and that you have sent a copy of the email to their manager.
I can't see the next hearing being the final one...next time it will be in front of a judge and I would certainly be requesting that the court orders reports from the police and social services(I'm assuming that the police know about the current partners DV and that there has been social serves involvement in the past?)
thank you as always so great advise i feel guilty as i know your extremely busy yourself at the moment and really appreciate your input most helpful,
(I'm assuming that the police know about the current partners DV and that there has been social serves involvement in the past?)
Yes you are right, and SS have just believed she is keeping them safe from this DV but won't say how .... etc to be truthful SS and the school have been very damming on me i will definitely need to type a few letters/emails
No worries Eric... Helping others actually helps to take my mind off my own troubles!
it gets worse !!
On further reading it would seem social services have amended their first findings report and taking parts out about the children witnessing domestic violence and that mother reported she wouldn't have him at the house,
This has gone from original report and social workers called him ex partner and now happy to call him current partner and new relationship ?
I really do have my work cut out as social services report fails on so many levels and is completed one sided full of personal opinion and assumption and yet fails to mention the safeguarding issues and states mother assures there are no issues yet father continues to report problems but there is no evidence yet they don’t investigate just ask mother which she obviously denies.
Do solicitors offer a letter writing service ... i am not the best at articulating my points and with the correct words but i want to highlights the failings of social services, the need for CAFCASS to investigate the children’s wishes etc and why when both children have stated in Nov/Dec they wish to live with me their mother hurts them, shouts at them ignores them did this just get over looked , my children both had to draw houses where people make them happy they draw myself my younger daughter our dog and them not their mother , they said how they love me and know i love them and want to be with me as i care for them and they don’t feel this at home i was told this was too leading they have been instructed on what to say , this was part of a section 47 as son had reported mother for hitting and holding him by his throat - she got cleared as son demonstrated it differently to how he reported it ...so cross about this.
I just feel there are so many errors and failings that i don’t know where to start who to complain to first and what rights i have , i really do not want said social worker to report any further findings especially as she is clearly on ex’s side and manipulating evidence to read better for ex and highlight issues about me based on her assumptions,
deep breath i think and try and make some sense of this mad situation
all i want is what is best for the children and if that was their mothers i would accept that ,why do people assume i want a personal war and the children are the prize it's heartbreaking as time is passing their childhood is slipping away :boohoo:
Eric, reading your posts on my lunch break and what you are going through really breaks my heart. I feel you are being really let down by the system. Again it's another situation where an ex making DV allegations is being backed by the taxpayer to beat a LIP loving dad into submission. How dare a solicitor ask you to walk away from your kids!!!
Your case sounds complex, and I really wish I could tell you what to do to sort it out, but I don't have that sort of knowledge or experience.
What I do know is that you can attend families need fathers meetings local to you. There you can take all your paperwork with you and get specific advice relating to your case. That may be what you need to get this show back on the road.
You can visit the website to get the addresses of meeting local to you. I really feel it may help you in this situation.
http://www.fnf.org.uk/help-and-support/local-branch-meetings
You need someone with experience to look at your case and tell you what you need to do to sort this all out.
Simon.
On further reading it would seem social services have amended their first findings report and taking parts out about the children witnessing domestic violence and that mother reported she wouldn't have him at the house,
This has gone from original report and social workers called him ex partner and now happy to call him current partner and new relationship ?
I really do have my work cut out as social services report fails on so many levels and is completed one sided full of personal opinion and assumption and yet fails to mention the safeguarding issues and states mother assures there are no issues yet father continues to report problems but there is no evidence yet they don’t investigate just ask mother which she obviously denies.
Do solicitors offer a letter writing service ... i am not the best at articulating my points and with the correct words but i want to highlights the failings of social services, the need for CAFCASS to investigate the children’s wishes etc and why when both children have stated in Nov/Dec they wish to live with me their mother hurts them
Tough break mate, keep strong for your children's sake.
So many things in the system not going right here !!!
Solicitors do offer writing services, but you are articulate & passionate about your case.
If you have budget, then I would draft all the letters myself & then budget a solicitor to review all of them once to ensure that nothing major has been missed.
Keep on fighting - remember who you are doing this for.
I was going to come up with the same suggestion as Simon with the FnF group.
They are great and believe it or not but at the last meeting we met a lovely lady
who is going to be my sons MacKenzie friend.
She has already looked over some of the documents and has given great advice.
This was going to be my next suggestion....maybe at a FnF meeting you can ask
if anyone knows of an experienced MacKenzie friend....
Keep strong
Kirsten
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