This process started in November 2017 with a hearing for a PSO I withdraw under duress from the ex. Then the latest phase started in November 2018 and we around 18 active cases. My original case to stop her removing our child from the UK back to Hungary and for contact, plus one for breach of court orders, 15 she has started with multiple repeat cases opened, plus one from the Guardian to clarify contact, medical assessments and the final hearing.
In August 2019, the court changes custody in an emergency decision from mother to me. Mother has made repeated claims of sexual abuse, child abuse, medical neglect, parental negligence and that the Guardian and her legal team are biased, partial and breaching all the laws in the UK.
We had a hearing in July that directed a change of contact provider as we did not believe the current one was safe enough. But she refused to comply and we continued with the same provider until a new hearing in October that reinforced the July order. However, because she argued every line of the order was wrong and the judge had breached the law with her decisions, she started a new appeal court process.
The order was never actually sealed and issued before a new hearing in November where she did not attend (and refused to attend a previous session) as she is a working doctor and could not attend. A new order reinforcing new direct contact arrangements and the medical assessment for the final hearing, with the date of a four day final hearing was set.
The order still has not been sealed and issued now. She refuses the content of the order and has tried to add this to the appeal court process she started following from the October hearing. She states in her appeal statement "there was no judgement and nor order issued following the hearing". She underlines half her statement, puts bits in bold and makes more wild accusation yet again.
Anyway, our daughter has a paediatric assessment next week in hospital which the doctor passes to a court expert to write a report by January. We have till February to submit statements with the Guardian submitting her s7 report by March.
I have been trying to find templates to start writing the bits now ready. We have a bundle of over 2000 pages of evidence submitted to date and she submits more each and every time.
Has anyone got a template or samples for final hearings?
We will see what the outcome of her latest appeal process is - three have been refused so far and she fails to provide them with facts surrounding her psychological assessment that was quite damning for her really.
How do we also stop her making more court applications? Accept that she has to communicate directly with me and not via a publically funded solicitor that will be removed soon? Not be involved in the school and medical processes as she continually makes her own referrals and changes?
Can I ask them to remove her PR as she has proven time and time again she cannot help herself by contacting the GP after any little bump or knock at school? Even claiming our daughter is infected with COVID when she isn't?
Hi,
what statements are the court asking you to prepare for final hearing? is about your response to the S7 report?
you can find some useful templates here:
https://childlawadvice.org.uk/information-pages/a-sample-witness-statement/
https://childlawadvice.org.uk/witness-statements/
I think only the court can stop her making more applications. The last time I was back in court, they all said they don't want to see either of us in court again 🙂 They have gatekeepers that process the applications. they can decide whether to accept or reject the application. Often when they reject, they ask both parties to go for mediation and resolve it like that. They have been rejecting her appeals as you mentioned.
I think asking court to remove her PR sounds harsh and maybe makes you look confrontational and just interested in attacking your ex. Court decided that child lives with you right, so your in a strong position.
That's what I thought on the PR side of things - between 14th October and 12th November, the ex sent over 80 abusive emails to me, the judge, the guardian, the barrister.
The Guardian submiitted a statement to court that basically said the mother was abusing everyone and "invited the Father to make a suitable request to court" to stop this as only I can raise a request.
I have requested a civil restraining order and remove PR in relation to medical and education matters.
Her mum has now refused new contact proposals in her high court papers saying her terms or no contact.
taken from a legal site:
How can parental responsibility be removed?
The law governing removal of parental responsibility is complex, as it should be for such an important area of law. Each case will always be considered on its own merits and, each practitioner will likely have slightly different views of the level of significance each consideration should be given.
The case law in this area shows that removal of parental responsibility is possible in extreme cases but should only be ordered when it is necessary to protect the child and family from serious emotional and physical harm, this in effect, is the court ensuring that the child’s welfare is paramount.
The leading case law in this area shows that removal of parental responsibility has only been ordered where it has been acquired by an unmarried father. These cases include examples such as where a father was found guilty of inflicting grievous bodily harm to the child (Re P (Terminating parental responsibility) [1995] 3 FCR 753]), where a father pleaded guilty for committing sexual assault against the child’s siblings (CW v SG [2013] All ER (D) 117 (Apr)) and where a father was imprisoned for extreme domestic violence (A v D (Parental Responsibility) [2013] EWHC 2963 (Fam))
I have recently worked on a case where the father’s behaviour met the threshold for removal of parental responsibility but the parties were married. As such, the Court found that they did not have jurisdiction to remove the father’s parental responsibility given that the parties were married when the child was born. Instead, the Court made the decision to limit the father’s parental responsibility by way of making a prohibited steps order to prohibit him from taking any steps in exercising his parental responsibility. Whilst in this case, this is not complete removal, it does at least render the father’s parental responsibility virtually unusable.
It is clear therefore, that in removing parental responsibility, firstly the behaviour must warrant it in order to protect the child and secondly, the parties must be unmarried. In cases where parental responsibility was acquired by virtue of the father’s marriage to the birth mother prior to the child’s birth, the court’s approach seems to be that parental responsibility could be limited beyond use but not completely removed.
Removal of parental responsibility is a very serious step reserved for exceptional cases.
I have never seen PR removed. The court could consider making an order to limit the mother's involvement in certain matters pertaining to PR. Perhaps discuss this with the guardian.
Given that your case is quite complex, if you can afford it, give consideration to getting some professional help to prepare for the hearing?