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First Court Hearing Advice.
Divorced my wife in 2015 for unreasonable behaviour. She hit me over the head in front of my 2 year old girl so
I left the marital home because I didn’t want my daughter witnessing these incidents. There was a few incidents during the two year marriage where violence was used towards me and she also took a overdose.
I have seen My daughter 2 weekends a month since and school holidays.
I have paid child maintenance since we split up.
Since the divorce most arguments have been about money she as asked me for more money to pay for her child care costs due to her work I refused.
The latest incident I was assaulted outside my daughters drama theatre which resulted in a black eye I reported to the police even though I have a text admitting hitting me and picture evidence CPS dropped it due to not enough evidence. I reported my ex wife to social services because I worry about her temper they said she is seeking counselling but see no immediate danger.
After the assault I went to
My solicitor and we submitted a C100 I have had my court date through for July. I’m wanting a shared care arrangement.
Since the incident I have had the same contact with my daughter but have dealt with my ex wife’s mum for access and information I’ve not spoken to ex wife since she punched me.
Due to domestic violence my solicitor said no need for mediation if I felt uncomfortable which I did . But for the sake of my daughter who is now 6 i rang mediation I’ve had my individual appointment my ex is saying she not willing to go
Unless its on a weekend
It looks like I’m getting a letter from them stating I’ve attempted it. So least I have that for court .
What I find deeply concerning is my ex wife must of got the court papers this week and let my 6 year old read it she said to my partner today don’t tell daddy but mummy says daddy want to
Take me off her which is not true and mentioned things about police . I have never said anything to my daughter about being assaulted or going to court. My partner was that shocked she started recording what my daughter was saying to show me .
I’m awaiting cafcass safeguarding phone call any advice ?
And advice regarding text messages etc is it good to
Print things off for evidence.
Thankyou
Hi there
It really is totally inappropriate for your ex to share such information with your daughter.
It might be useful for the court if you prepare a brief position statement to take to the hearing with you, although your solicitor may want you to file it a few days before the hearing.
You can tell the court about recent developments and share your concern that your daughter is being exposed to information about the court case and police involvement which is entirely inappropriate.
Covert recording is a grey area, some judges will accept its use in proceedings, some will be against it. You could make a transcript/summary of your partners conversation with your daughter and say that immediately after the conversation your partner made written note of it, whilst it was still fresh in her mind.
If you have text message that are relevant to your case, it’s fine to take screenshots which can be attached to a statement later on in the proceedings. Your solicitor will discuss this with you I’m sure.
The phone interview with CAFCASS usually takes about 30minutes. Just be open and honest and speak from your child’s perspective, keeping everything about her and what is in her interests. Of course you should share your concerns with the offficer, but I would advise against bad mouthing the mother in a derogatory way. Just give the facts and leave the officer to draw their own conclusions.
As part of the safeguarding report, they will contact the police and Social Services to find out if there had been any previous involvement with either of you, the recent assault should come to light in that process and should be mentioned in the report.
All the best
I have not even mentioned police or court action to
My daughter I’m just scared she is trying to turn her against me I will discuss it with my solicitor. I’m
Wondering if to use a barrister for the hearings
Do you have a District Judge or Magistrates (Lay Justices) for your hearing?
I would say try to do the hearing yourself to save money for further down the line as it doesn't sound like this will be resolved in one hearing & subsequent ones will generally be more difficult.
At a guess, the most that will happen at the first hearing is the court will order a Section 7 Welfare Report from Cafcass.
See what your first Cafcass letter says before court, that should give you an indication of what is likely to happen.
I had my telephone interview with cafcass today and he said the will be no
More safeguarding/ section 7 he thinks it is not needed.
I want 50/50 and advised me to come up with a parenting plan on how much contact u want and how it would work ready for first hearing next Thursday. He said at the most one more hearing .
Anyone got any 50/50 shared care ideas I’m thinking 5/2/5/2
I believe my ex will agree but not if child maintainance reduces can maintainance be discussed in court or I’m I better doing the court order first .
Hi here
The contact schedule should be constructed with both parents in mind, she's far more likely to accept it if it works for her too. Try preparing a couple of different schedules with that in mind.
As far as maintenance is concerned, I very much doubt the court will get involved with that side of things, as the two issues are entirely separate in their view. If you have a true 50:50 split then you shouldn't be liable to,pay any maintenance, but some do because that's what's in the children's best interests. Leave her to bring t up in court, she will probably be told to sort it between you.
All the best
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