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Hey. Im new to the forum.
First I'll fill you in on my situation. I am currently out of work so claiming benefits. The mother of my kids is stopping me from seeing them because when she went to get legal advice the solicitor she went to told her I was on their database and had been arrested 6 times in the last year. I don't know what the solicitors get out of lying to her about this. I have used the solicitor she went to back in 2012 when I got arrested for assault so I understand I would be on the database because of that. If I got arrested 6 times I'm sure I'd remember it.
I have told her that I wasn't arrested but she's not having any of it. So here we are with a court date.
I am currently going for shared custody, 3 days one week 4 days the other. My kids are 5 and 10 months old. I've had a letter from caffcass saying that I'll have a telephone interview regarding safeguarding but after that what happens?
Hi,
Firstly regarding her solicitors banging on about a "database"...i may be wrong and i am more than happy to be corrected but solicitors do not have the right or the access to gain this information about anybody, only the police and the courts can see your past criminal history. Again i could be wrong but it sounds like your ex is chatting through her backside trying to scare you. Your past is your past, courts usually give you the benefit of the doubt when it comes to criminal history.
CAFCASS will ring your ex first so make sure you get your story right and pretty much tell the truth, they basically ring you to get your side of the story and, get info on the situation and why contact has broken down and how to move forward. Be careful with CAFCASS though ive had mixed results with them, they usually side with the mother and as section 7 report and be quite damming.
Paul
Hi and welcome to the forum
The Cafcass telephone interview isn't anything to worry about. Just stay child focused and answer what is asked of you. Cafcass will write a letter of recommendation to the court and send copies to both parties.
Prepare a short position statement to take with you to the hearing (no longer than 2 pages) that gives a little bit of information about background, why you've applied to court and what you would like them to do.
If you can agree a way forward at the hearing, the court will probably make an interim order. If you can't, you will have to attend further hearings and the court will order further reports or decide for you.
Thanks for your response, I am more than positive that she is talking out of her backside regarding that, she has no proper reason to stop me from seeing my kids and it's always excuse after excuse with her, if it's not because she's heard that she would of made something else up.
I was worried about the history of my criminal record regarding access, so that is a load of weight lifted knowing that there's been no recent trouble with the police, I can be confident I'll have my kids back in my life at some point.
I have heard alot of rumors about CAFFCASS and thier bias towards mums, but in this case I can't see there being any bias as the mother of my kids has made it impossible to see them for no reason at all, if she does manage to lie, it will only look worse for her, won't it?
To Yoda's response, do I have to put a request in for interim contact order before my court date or is this something I can bring on the day of first hearing?
Do you recommend that I put in a statement on the first hearing because from what I have heard is that they will tell both parties to prepare a statement for the next hearing at the first hearing.
Thanks for the advice and I'm taking it all on board as I am representing myself this will be a shakey experience no matter how confident of a person I am.
Hi,
I know this question was aimed at yoda and he will more than likely provide a better more thorough response, but from personal experience you need to let the court know everything you are requesting before you get the hearing. The judges are on a timescale and if anything extra needs to be heard you need to let them know. Also, judges are not keen on giving interim contact orders especially before they get a CAFCASS report so dont pin your hopes on it. If you have a full relationship with your kids and the mother agrees on the day then you will be fine but if she digs her heels in then gaining an interim contact order is probably not likely.
Best foot forward now though pal. Chin up.
Paul
What do I need to regarding submitting additional information in to the court? Put the court reference number on it? Can I hand deliver it to save money on postage?
Hi,
Email it all over get their email address online
Put your name, home address with your ref number at the top of the page. Tell them what instructions you want undertaking and you will get an automated confirmation email. They probs wont email you any further they will just send it to the judge on the day of your hearing
Paul
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