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Hi all,
I am having a nightmare of a time recently. I have an upcoming final court date soon, and I have seen the social worker report where they recommend that I have unsupervised visits, and that they should go back to as was previously (every other weekend essentially).
However, it also recommends a "no order principle". I am so worried by this, the reason I wanted the court order is to stop my ex using access as a weapon, and not letting me have contact. I wanted the security that a court order would give me.
What can I do? It really now feels like this whole thing has been pointless, it has dragged on for months where I have barely had any contact. And it will end in the same position where I have no security and nothing to fall back on.
Social worker may suggest no order based on they not thinking its needed as your ex will have likely convinced them that she will not hold contact from you.
in my opinion because you are worried about how she's been in the past you have a right to be worried about the future if no order given to protect your children's contact with you....and that is what you need to be stressing to the judge....i.e. that although the social worker may suggest no order needed what protects the children's contact with you...a court order outlining the contact days/times/overnights/holidays etc... will help give you assurance that the ex will not just hold contact from you as she has been proven to do in the past.
hi,
that sounds a bit silly of a no order principle. if you have evidence where ex refused contact or kept on reducing the time you spend with the kids, then that should be good enough reason for an order. main reason why i went to court was ex refused overnights.
Thank you for the replies.
Prior to the court date should I gather evidence that shows my ex has done this before? Will the judge let me discuss this because at the initial court hearing I felt like I wasn't allowed to really speak at all.
Infact just today I have recieved messages telling me I cannot have a contact visit on a date I am due one as ex is away. No offer of alternative day was given. Despite there being a interm court order saying I can have access on this day.
This has happened many times in the past also where I am just told I cannot have access on a day for whatever reason and I am just supposed to be happy with this. It really feels like ex acts as if children are hers, and I just get to have them when it suits her or she needs help.
hi,
all the times the ex refused contact, in line with interim order, write all of this down in your position statement and take it with you. this is even more evidence of why a court ordered child arrangement is essential. hopefull the judges will see it this way. if you will have a barrister/solicitor with you, they can word the position statement for you. have you been asked to provide a witness statement?
Hi, no I haven't been asked for a witness statement or for a position statement.
Being quite honest I feel like the judge last time just listened to the CAFCASS worker and then did what he said. I have very little input.
ok. you can take position statement and hand to judge, cafcass and ex on the day.
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