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Hey! So some of you may have seen my previous posts. I'll give a run down of our experience so far as we received the section 7 yesterday and are ecstatic! Then a few questions.
Mother stopped my other half seeing his daughter two years ago when they broke up. Started mediation and court last year. Court application filed in November.
Court date on December 20th where the Mother was severely told off. She refused to enter the room, court were not happy. Magistrates refused a finding of fact and said 'No. Final hearing, this has gone on too long' and recommended a section 7 in the mean time.
The mother then changed solicitors and forced us back into court in February demanding a finding of fact and demanding a no contact order, prohibited steps and name change. She also demanded three witnesses for the final hearing. Court told her no way. Stop being obstructive. No witnesses, finding of fact not necessary, the entire hearing was not necessary. Said to carry on with the section 7 and see them in April for their findings.
So yesterday we got the section 7. It was amazing.
The Mum has avoided Cafcass so they went to her home. She then had to have multiple meetings and the child was observed alone. She made serious allegations of DV and other things. Called my other half a druggie, a drunk and everything you can imagine. He used to have depression very severely, due to their relationship. He admitted this to cafcass as well as anything else necessary.
Section 7 says he was very open and honest, he is stable and wants a relationship with his daughter. States all of her allegations, each followed with a 'Why was this not referred to social services?' 'If this is true why did her GP not know about it?' She said the child refers to herself as the mothers surname then said 'It is clear that it is robotic when this is said. She is repeating what has been said to her by adults'.
They've recommended contact start immediately... 3 hours in a contact centre for 6 weeks. then 5.5 hours independently for 6 weeks... Then overnight staying contact every weekend with the courts discretion to give more contact. Shes suggested either no name change or a hypehnation instead! LIterally we could not be happier, it is perfect. Shes stated in her report the Mother is only willing for indirect contact.
So what now? Are court likely to go with this? Do we need to do anything?
So impressed with how the Courts and Cafcass have seen through false allegations of DV and an obstructive Mother. Literally six months after the application he should have contact!
That’s good news, and given what you have been through, I can understand why you’d be ecstatic right now. In most cases judges/magistrates do agree with the CAFCASS recommendations, even more so if the demands from the mother are unreasonable.
When the dust settles and you look back and realise what you both had to go through and the suffering that child has been exposed to, you may find that you actually wanted more than what you asked for. So if anything, I’d say just make sure you ask for what you want, don’t settle for less.
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