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Hi All,
I have had the court result for a final hearing 2 weeks ago. The findings were as follows:
1) Accused of assaulting the mother; judge said there was nothing of the sort
2) NMO discharged as a result of number 1.
3) Judge said mother was obsessed with calling names and swearing at father.
Here is where it got bad because the judge went with the cafcass officer in respect to contact:
1) The judge said I was controlling outside of the relationship i.e. after I was unable to see my children.
2) The basis of this was because the judge said;
a) The Cafcass officer felt I was controlling, And
b) The MARAC report (a self reporting agency) in which the mother complained to agreed with the cafcass officer.
My issue is… I have to go onto a course to get my contact increased, the justification is just because I am deemed to be controlling because a) Cafcass said I am controlling, and b) because MARAC (of which is a self reporting agency) said I was.
Is this justification of me going onto a course when there was no findings of me being controlling in the actual relationship? Is there an appeal point here…? In terms of appealing it wouldn’t bring up the assault and NMO again as this was a separate hearing.
Hi there
What type of course do they want you to attend? Orr are they classing controlling behaviour as domestic abuse?
This does seem strange, especially after the NMO was discharged. The judge is probably playing it safe because of the MARAC involvement, a MARAC meeting is usually only called for high risk domestic abuse cases, the mother must have been referred by one of the frontline agencies to begin with.
I don't think you can appeal a decision that you don't agree with, there has to be a procedural error for an appeal to be successful.
It's probably better to suck it up and do the course, box ticked, hoop jumped through.
All the best
Mojo is correct that an appeal cannot be made simply on the decision alone, there has to be an error made in some respect. This is true of all courts, not just the family court.
There was nothing mentioned about if the mother was controlling or not, is this a procedural error?
the course I have to do is a 26 week building better relations course.
MARAC was involved as the mother faked allegations of domestic abuse. The judge just went with the cafcass officer... unfortunately that happens all the time which is what I have been told, they may as well make them the [censored] judge?
I am going to be doing the course at the same time appeal the decision as I think a judge shouldnt base his opinions on a MARAC report considering the NMO was discharged + the assault was fabricated - the basis is so wrong and sets a president for other fathers who may go through this, MARAC is a one sided agency for the mother, the high risk is all bull [censored].
Also the other reason why I want to appeal it is:
I get such little contact currently, 1 hour fortnightly and it is still supervised up until May 2018. That can't be right especially if I have had no allegations against the children?
Isn't that a point for appeal, I know it isn't procedural, but that can't be right?
Hi there, 2 hours a month is just ridiculous, but it sounds that your quickest route to establishing a proper relationship with your children is to swallow your pride and do the course the court ordered ? Is the course mentioned in a recital or in the "Court orders" part ?
I saw a reference today about MARAC and it reminded me of your case, thought I'd share in case you find it of any use:
yes that post is pretty much me... someone who got a MARAC and report done on them, it's like a minority report (film with Tom Cruise in where you do a crime in the future and get punished for it, except no crime was committed).
It is sickening a judge could base his decision on something one sided.
By the way I am challenging the decision and doing the course @ the same time, I think there is merit in it and a Solicitor is helping me.
Just as a side point... what if I am deemed to be unsuitable for the course? I.e. I go there and they say the judgement says you were controlling outside the relationship and b, the only person who said you was controlling was the cafcass officer of which you never had a relationship with.
That would be a complete headache as I do not want to make things for the sake of it and say yes I was controlling in the relationship, the relationship ended coz of contact with other females (the norm I think) not because of anything else.
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