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Hi again,
As I've previously posted I'm currently at the section 7 hearing for my 12 month old daughter due to DV allegations and Mom saying I have poor parenting skills. The allegations are rubbish and ive never touched the mother so she won't have nay proof police reports nothing as its never happened! Im also doing a triple p parenting course to prove I'm capable of looking after my daughter even though its not necessary. Im completely clean with everything: police records are clean, never touched drugs, i don't smoke and i only drink when going out. There really isn't a single issue that she can raise and have proof about regarding me.
Realistically what outcome should i be looking for within the next 6 months or so? Personally I'm hoping for me to be able to have my daughter every other weekend including overnight stays and maybe one night a week to take her out swimming or for food etc but to be returned to her mother at an agreed time.
I see that people say the mom must agree for an order however in my case there is absolutely no chance the mom will ever agree to me having my daughter on my own as she is literally the only person she has and has made it clear she's agreeing to nothing. So my outcome will be court ordered.
Cheers
i dont think you will get overnight untill babys 2 years old, is the mother breast feeding?
No she was pretty much on solids when i saw her at the beginning of november. Im aware she's on cows milk now but i really don't want to be going to a contact centre for all my time with her id like to take her places etc.
There is no telling what the outcome of your case will be, it depends on so many factors, that S7 report, the judge, how you handle yourself in court etc etc.
All being well, overnights are more than feasible - I have twins and I started having overnights with them when they were 14 months old. It would have been sooner but the mother threw everything she could at me and the court had to take the cautious approach. Once the rubbish is out of the way it just comes down to you being able to care for the child and what is best for her - a proper family life with both parents is her right so I would be fairly positive you'll get a minimum of what you ask for.
I would just add to that to say that if you ask for more than that and can demonstrate you have the conditions to care for your daughter, you also have a decent chance of getting it. In my case I asked for half holidays, every other weekend, one weekly overnight and 2 full mornings every week, all of which was ordered, and now I'm wishing I had asked for another weekly overnight, but at the time I was afraid and went for less than what I really wanted. Like justdad wrote, the way you handle yourself in court is key, so is demonstrating that you understand how important your daughter's relationship with her mother is.
Thanks everyone for your help!
You say that thats what you got from court but was that at any point agreed with the mother or completely court ordered by a judge? Im currently at a magistrates court. Id like to think i present myself well i went suited and booted although I never had to speak a word in my hearing. I may well go for every weekend and 1 overnight stay in the week then especially as she's so young she isn't at school yet which may help me out.
My main concern is that the mother is never going to give her up without a massive fight and ill quote "you're never having her on your own" so it will be a case of what the court says goes.
Thanks again
For me, at the final hearing, I was asking for four nights a week - Monday to Friday. When I dropped to Tuesday to Friday everyone in the Courtroom seemed to agree.
Just six months prior to this she was trying to get me to settle at every other weekend for one night.
Push it, don't be cocky but don't be afraid.
As much as I hate this, it can often come down to a game of who has stronger nerves!
Thats great I will definitely go for a lot more now and have a lot more hope of getting more than the "every other weekend. So this was ordered by the judge then and not an agreement between you and the Mother?
The only thing mine every agreed to was contact centre. She opposed everything until the final order came out, and I think that played in my favor, her position was just too unreasonable.
What you are saying about the parents having to consent, I believe only applies during the interim stages, where magistrates don't feel they have enough information yet to make an order, yet if the parties can agree on something, they are happy to make a consent order on what they agreed.
Once you go to final hearing it doesn't matter if she agrees or not, it matters what the magistrates order.
The judge ordered it - he decided pick up times / location etc.
He did ask us both and kind of pushed us into saying we agreed but it wasn't a consent order.
Thats made my day thanks a lot.
Ive been sold by far too many people that unless the mother agrees i get nothing but a contact centre. even the mom herself has tried telling me this before. I have a really bad feeling that she will do something over the top and run away with my daughter if it comes that i get an order to have her on my own, again there isn't any reason for me not to be able to but thats the kind of woman she is.
Only time will tell! Thanks so much for your help though!
Also, when you ask for more, propose a progressive schedule. In my case, I started with 2 hours twice a week, building up to what I described earlier over a period of 6 months.
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