Hi. after spending the last year going through court to gain access to my 12 year daughter and 8 year old son, CAFCAS were instructed to do an section 7 report without fact finding being taken prior. after the action 7 revealed the children's mother has raised some serious allegations none which I have ever been charged with nor is there any medical records backing up her allegations. the barrister asked me if I agree with the section 7 report and with me being unrepresented I agreed to it being a toxic an at time volitile relationship on both side. So the barrister said to CAFCAS in court that I have admitted to the allegations and now CAFCAS have recommended I under go the 8 month DVPP course and I should only have indirect contact with my children which is x2 30min phone call every 2 weeks a phone call Christmas day an birthdays. My problem is that as I work aboard with a really good job earning money which is a life changing amount I'm doing this for my children's future and to be able to buy a house of my own in the future which in turn would get passed down to my children. I am having to think about quitting my job to return to the UK to undergo this course. But I dont think I would even be accepted on the course if I do not feel I have done anything as toward to my ex to grant me being accepted on the course by the providers. I just dont know what to do. now I am.having indirect contact something I've not had for the past year but I also dont know when I will be able to get to spent time with my children. Dose anyone know if I have a right to appeal the decision in court as there was no fact findings done and they kind of had me admitting something I didnt understand the remifications of in court.
Thanks in advance to anyone taking time to read this any feed back would be appreciated
I don't think you can appeal the decision as there has been no mistake in the proceedings. I'm not sure whether you would be able to retract your statement. I would consider getting professional legal advice to see if there is anything you can do about this.
I so sorry to hear this... I'm about to attend a 3 day fact finding hearing last 3 days of January. Question all the allegations against me from my wife have been NFAd by the police. So does this mean, on the fact finding hearing, will the judge still want to test all her allegations? Thing is I've read, that if found guilty I could be asked to attend this dvpp course, even though the police have dropped it all.. I've not seen my children in 6 months now. So if I have to have a section 7 report, and this dvpp course, I could be looking at not seeing my children for over a year...
I think depending on what the allegations were they will likely test atleast some of them , especially where kids are involved and the allegations will concern their wellbeing like witnessing arguments etc . My ex made some allegations I don’t know exactly what but she produced nothing like
Scot schedules so the court vacated the fact find . All you can do is defend each allegation made , lies or not . Hopefully the ex trips up in court and they’ll be discredited
When doing a fact finding hearing. A judge will deal with evidence where there doesn't appear to be much . Secondly the judge/magistrates only get to see you on day. A lot depends on how you come across on the day. Clearly you will be saying what ex alleging is not factual and untrue and crucially you just got to be calm at all times ,listen and just completely focus on children. Best if you can to say nothing negative about ex whatsoever and just say how important it is for kids to have both parents involved and enjoy quality time with both and how important it is to co- parent etc.
You could offer to do a separated parenting programme as you want whats best for children. its a 4 hour course by way which a lot of parents get put on including mums to show how it affects children when parents split etc
I’d certainly get legal advice dude, however, you giving your job up just to do the course is not beneficial, I suggest going on cafcass website, look at the companies that do the dvpp courses for cafcass, they were really helpful and you not talking to cafcass, they might be able to suggest something in meantime.
If the court orders DVPP, as much as it pains me (very similar experience), you’ll have to do it. I was exactly like you, bitter of lies of mother, a section 7 report written after a 2 min phone call etc. The following advice is from painful experience and in no way meant to offend. You have to in your own time forget the unfairness of whats happened, it’s clear by the emotion/words/actions in your message that you would do anything for your kids so..... I actually found the course quite interesting.