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[Solved] Urgent help needed. I was in court two days ago.

 
(@bumbum)
Trusted Member Registered

Hi dads

I hope you are all well. I need some urgent advice. I was in court two days ago and I am really not happy with the order. A lot of things were missed and I have ended up walking out of court with a worse court order than what I had.

There are no safeguarding concerns and I went in to ask to have weekend contact which was not agreed due to the mother going to the country every weekend. She claims she goes to the country every weekend so her flat in London can be rented. That is how she makes money to survive.

The judge said she can't expect her to be in London if she doesn't have accommodation and that was that. The next hearing is set for 30 July and I cannot bare it.

I have been seeing the child once a week since we broke last year and cannot anymore continue in this way. By the 30 th July I should be building in overnights stays

What do I do I need to get this back to court.

Quote
Topic starter Posted : 08/03/2015 9:21 pm
(@dadmod4)
Illustrious Member

There is an appeal process, but I don't think it can be used unless an error has been made, and in this case it doesn't sound is though there has. Did you ex have proof that her flat was rented out each weekend? It seems like a very strange arrangement.

ReplyQuote
Posted : 09/03/2015 2:00 am
 1626
(@1626)
Noble Member Registered

Hi bumbum

actd is right, you cannot appeal against this decision unless procedure was not followed.

What has been ordered in the interim? A section 7? Have both parties been asked to file statements of evidence?

It does seem a strange decision for a judge to make unless there was proof of this arrangement.

Have the courts ordered the overnights are to be introduced before the next hearing?

ReplyQuote
Posted : 09/03/2015 1:06 pm
(@Nannyjane)
Illustrious Member Registered

...this is an interim order so it's not final. Where does she go every weekend? Did you offer to have your child for the full weekend, as the child is uprooted and expected to stay somewhere else, could you not offer more stability by having him/her? Have you been asked to file statements?

If you could provide proof that the mother had lied about vacating her property every weekend, or that the accommodation they stay in at the weekends isn't suitable, that would be a good enough reasons to request urgent new directions and get the next hearing brought forward...apart from that, you are going to have to wait until the next hearing to make fresh proposals.

ReplyQuote
Posted : 09/03/2015 2:00 pm
(@bumbum)
Trusted Member Registered

Thank you so much guys. I am sorry I did not go into more details on this. I wrote it very fast and on my phone. Your answers were very helpful.

My partner and I separated last year. We agreed or I was told I could only see our son once a week. I insisted it was too little so we ended up agreeing two days a week. Son is 20 months. I see him on Mondays and Fridays. Luckily my career is quiet flexible.

This went smoothly until I suggested I would like us to move one of the week days to a weekend as all family and friends were at work when I have him and it was pretty hard to get him introduced. She refused. The reason is that she goes to the country every Friday. So then I suggested we keep the two week days and only do a Saturday every other week. She refused.

Then I asked if we could go to mediation about it. She refused and then only then she made an allegation that I was an abusive person and I had abused her in our relationship. I wasn't sure where that came from or going. One day she came to pick up our son and left no problems. The following day I got an email that because I had been abusive contact was stopping. After a few emails I realised she was up to something. I filled a c100. When she got served she panicked and resumed contact. Court date came she made the allegations, court directed CAFCASS to get involved. They did and produced a report. Local Social workers had also been involved and done a really favourable report to me and said there were no safeguarding concerns. CAFCASS followed their recommendations but recommended a S7 to the court.

When we went back to court the judge did not follow their recommendation but the local social worker's report and the judge did away with S7. But she did not order for weekends to begin as the mother then said the house she lives which is her moms is rented every weekend. That is how her family makes money and they have no accommodation in London with the child over the weekend so she has to go to Chichester every weekend.

The judge said her hands are tied, she can't force a mother to stay in London if she has no accommodation. Sh didn't ask for any evidence. I was very surprised. The judge ordered I continue seeing our son twice a week and added one hour to what it was. But have to wait for a final hearing on 29 July to determine weekends and and overnights. I think that too far. How can I get this re-listed faster? Please help.

ReplyQuote
Topic starter Posted : 12/03/2015 4:22 am
 1626
(@1626)
Noble Member Registered

Unfortunately you won't be able to get it listed any faster unless there is an issue that would allow you to write to the judge and ask for urgent new directions.

I would focus on getting a good statement together and suggest to the court that alternate weekends can be spent with you when the mother goes to the country. Try to think of ways you could get to this point. Could you offer to pay for a hotel for the mother on a couple of Fridays for example while your child settles into the overnights? You can bet as soon as you make that decision the mother will say she can't be that far away from the child when overnights are just starting and not established.

Really try to focus on building your case.

It might be worth attending an FNF meeting in your area. If you're in London (just a guess based on the info in your thread) there's a really good central London meeting and NJ has previously recommended the one in Chelsea too. You can meet other Dads in your position and get support on building your case and dealing with the court process.

Good luck

ReplyQuote
Posted : 12/03/2015 12:08 pm
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