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Hi all, hoping someone can help. I’ve read lots of comments on here about court appearances for residency orders and likewise for me this is my case. Unfortunately I have been let down by a friend who was going to be my Mackenzie on the day, but it looks like it’s going to be just me.
This is going to be a familiar scenario that most of you can follow….I haven’t seen my child (I am listed on the birth certificate) since 2011 where my ex and I had a bad fall out. She assaulted me but being the person I am I let it go. She decided to scratch up her own face, then ransack her own place a few weeks later and get the police involved so she could get me prosecuted for ABH and domestic abuse. The police didn’t press charges as I was innocent and 50 miles away on the second accusation. I tried to get to see my child again but the ex ignored mediation and solicitors letters and then went in to hiding. So over the years and sporadic contact (mostly abusive), I get contacted over adoption for her new partner. Obviously not going to happen, so she has now gone down the residency order route. She has applied to the courts with a C100 and C1a.
Again it’s a no for me as I will not be bullied in to making a decision about my child with proper reason. I’m step father to two children too and I see no need for me to have a residence order. However with my ex she has more to gain, however I am worried that due to their recent poor business decisions and ripping people off (fraud – investigated but not charged) that my child will be caught up if it happens again (and it is with another company).
So just seeking advice on where I stand regarding saying no to residency and what strong and valid reasons I have to say no that will stick. I’ve already spoken to cafcass and the conversation went well and with points in my favour. I would love to go after their character as she is one big lie after another, monetary theft and verbal abuse but that will just paint the wrong picture.
I know it’s all very familiar, but if anyone could help what happens on the day, what to say and if I need to take any character references
Thanks
Hi there
There’s no such thing as a residency order anymore, there are Child Arrangements Orders that indicate which parent the child lives with and which parent the child visits. Most parents that go through court for this kind of order have this stated in it, unless the court decides on a shared arrangement, in which case it would state that the child lives with both parents.
As you haven’t seen your child since 2011, I would say it’s highly likely she would be successful, the issues you have about fraud etc don’t have a lot of bearing on her ability to parent, at least not in the eyes of the court, generally speaking. Did you respond to the C1a to tell the court about the abuse you also sugffered at the time and any risks to your child?
You could use the hearing as a springboard to try and get contact with your child re established, I imagine that would be something that would benefit you and your child, whilst really getting under your ex’s skin.
As it’s a first hearing, the court will decide if there are any issues that need looking at more closely, they may then order more detailed reports.
If you wanted to ask the court to consider ordering contact between you and your child, you can either submit form C2 beforehand, asking for a new application for a Child Arrangements Order added to the existing proceedings, or you can have the completed form with you at the hearing, but ask the judge, when you’re in the hearing, if they will add child arrangements for you and your child to the proceeedings. If they agree, you won’t have to pay extra to submit the C2 form, they might say you must submit a further application, in which case you will already have the completed form with you.
It would also be helpful for the court, if you prepare a brief two page position statement to take with you to the hearing, to tell the court a bit more about the background, your concerns and what you would like the court to do. I can link some further info about how to prepare a statement, with a template for the format required.
With character references, if they’re from family members or friends, they won’t have much sway, better if they’re from people unconnected to you. If you have anyone that witnessed the abuse from your ex, you could think about that, but be aware that if you submit a witness statement, they will have to attend court at some point to be cross examined on it. At this stage of the proceedings, I wouldn’t go down that route, you’ll get a better idea of how the case is going to pan out after the first hearing.
All the best
Thanks Mojo that's a really useful reply. I have submitted the C1a, but wasn't aware of the C2. When I spoke to Cafcass she recommended a section 7 report to be presented at the court.
The position statement is a great call. Do you have the link and template I can use?
Many thanks again for your help
Here's some links to info about how to structure statements and also a template that you can use.
www.thecustodyminefield.com/flapp/positionstatements.html
Template ~
www.thecustodyminefield.com/flapp/statement.html
A good website with info in plain english, some court videos to watch too.
www.mfjc.co.uk
Mojo, does anyone know if anyone will be taking over the Custody Minefield after Michael finishes with it in June? i found it and him a massive help and it would be a real loss.
I’m going to try and find out. It will be a great loss to all the LIPs that rely heavily on his website. He does state on his FB profile that he will be taking it down in June this year ... we can only hope that one of his close colleagues will convince him otherwise.
Having spoken with Michael some time ago and the MacKenzie friend i was aware of a long term illness of his, i'm assuming its got something to do with that.
i do hope someone can pick up and continue what he created, it's a great source of information for LIP's
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