TOPIC: Implacably hostile

Implacably hostile 4 years 3 months ago #75099

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Instructing an officer of the court is more commonly an American term and not something I've come across to be honest. You either have a solicitor/barrister or you don't, those are the options! . A guardian can be appointed for a child, wondering if they told you that is what they were trying to do. If it was that, that's generally a good thing!

As this was an enforcement application, I would hazard a guess that CAFCASS had all the information they needed from the father for this hearing and needed to spend time with the mother asking why she had breached? Good news that the addendum appeared too! Probably further reason time was spent with the mother. Don't think there was anything sinister or unusual going on there.

It's great news that his case has been moved up and you've managed to secure legal help. District Judges are a world apart from Magistrates and will get things moving more quickly and rule with a much firmer hand. I would say overall, this is good. Doesn't help for contact in the meantime though I know. Hopefully they will get this listed quickly before a DJ.

Good luck and let us know how you get on.
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I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Implacably hostile 4 years 3 months ago #75188

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Hi

It seems the court appointed officer was actually someone from her solicitor's office, once he realised this he refused to talk to her. The addendum is numerous pages of serious criticism of ex. It was meant to be filed last year before the final hearing but was late and just put away in the case file. No one was sent a copy other than the court, no one ever read it. As the addendum was discovered whilst the case was in progress I don't think it was the cause of the Cafcass officer refusing to talk to him and ex had already been interviewed for the S1 so why Cafcass guy spent so much time with her I still have no idea.

So as it stands the case is adjourned, the current S1 disregarded so in effect he still has a consent order in place that's she's breached and she's still refusing contact so is still breaching it. He almost has a solicitor and barrister on board, just working out how to pay them, they feel the case is simple, he should get proper contact that progresses and could potentially claim costs. Several of her lies in the S1 have been officially disproved and I'm hoping that plus the addendum will be the turning point because this really is his last shot at this, emotionally and financially he can't go any further. The next hearing is still weeks away but this time he will have a barrister with him. Her legal team really take advantage of the fact he's unrepresented which is horrible, I hope they, and Cafcass, are having serious doubts about their client now this addendum has turned up.

Harli

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Implacably hostile 4 years 2 months ago #76125

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A quick update for you. The ex didn't turn up for court, she sent a letter to the judge saying she had a baby a month ago and couldn't attend. The judge was not impressed with the excuse and said he expected her to attend the next hearing in 6 weeks time. He stated that removal of care is still an option he can consider, I guess this is just a veiled threat and unlikely to happen. The hearing went ahead without her. A guardian will be appointed, in the meantime, and thanks to her lies, it's back to 15 mins of inadequate Skype twice a week and her barrister argued strongly against this! She has to prove her allegations about the eldest's child's mental health issues and the incident at the play centre where she alleges he tried to harm the same child. There is no evidence unless her parents fabricate a witness statement like they did last time. He has a valid witness so hopefully that helps. Nothing else was ordered for him to do. He may get compensation for the addendum fiasco. The next hearing is more directions.

So where are we now. She's not doing Skype as ordered by the court, the solicitor says leave it one more week then request a return to court, not sure what happens then, presumably a wrist slap, but she's insane enough to ignore that and continue to breach the court order. In the meantime he's still not seeing his children and has no idea when he will. How is this fair for anyone. This seems to be an endless battle, she lies and it's back to square one. I can see we are progressing a little but optimism and faith are hard to find.

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Last Edit: by Harli.21. Reason: Spelling error

Implacably hostile 4 years 2 months ago #76139

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I'm so sorry, it's such a trial for you all. A point will be reached where they will lose patience and then the situation can do a complete about turn..... She is really pushing it right now by breaching Skype contact, I can't see that. Hanging next week so you could see a return to court and an even less impressed judge. If that happens I would ask/push for a suspended transferral of residence if she breaches once more....and costs of course.

Best of luck and thanks for the update.
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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Implacably hostile 4 years 2 months ago #76141

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Thanks Mojo. He's hanging in there but it's so tough for him. I can see she's really pushing it now and that this can only be good for him but he struggles to see anything positive after so many let downs. I'll keep being positive for the both of us.

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Implacably hostile 4 years 2 months ago #76155

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You're a star and he's luck to have you....keep chipping away, it will get resolved I'm sure.
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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Implacably hostile 4 years 2 months ago #76166

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Although it may not feel like it, things sound like they are moving in the right direction. If you have to request a return to court, the judge will lose patience. Well done for supporting, you're doing great.
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Implacably hostile 4 years 1 month ago #76448

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We seem to take one small step forward and then huge ones back. A guardian has been appointed but she's still Cafcass and past experience with them hasn't been good to say the least. A request addressed to the judge for an urgent return to court to deal with the breaches of the court order has been turned down by a different judge, they will consider the breaches at the next scheduled hearing in almost 3 weeks time, so still no contact with the children whatsoever. A letter asking for compensation for the various issues and huge delays Sent on the advise of a solicitor dismissed as no administrative errors could be found, this issue is being pursued further however. So all in all pretty depressing at the moment. Wishing for good news at the next hearing.

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Implacably hostile 4 years 1 month ago #76456

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Have you mentioned the FPR in your complaints?

All the FPR are being broken in my still ongoing case. But there are of course "no errors" because that would be like Turkeys voting for Christmas.

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~E=mc2~

Implacably hostile 4 years 1 month ago #76458

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Hi. The broken FPRs were indeed mentioned along with human rights etc. We wrote the letter and his solicitor edited it. We aren't giving up though. I hope your issues aren't causing you too much stress. The courts should offer free counselling for people affected by their incompetence and delays.

Harli

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Implacably hostile 4 years 1 month ago #76460

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The courts should offer financial compensation to any parent not given contact with kids within 1yr of application where there are no safeguarding concerns and where there is an order in place already. That amount should be at a rate of £1,000 a month for every month of delay after the 1yr limit.

That would certainly put a rocket under them.

As we are both pursuing the same goal. It may be worth networking somewhat. I am trying to wedge a position based on the recent Malec vs Poland case but they aren't biting yet.

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~E=mc2~

Implacably hostile 4 years 1 month ago #76465

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Wow Malec vs Poland is fascinating, good luck with it. Happy to network and help in any way we can. I think your compensation suggestion is totally sensible. Sadly in this case his ex made up total lies that created safeguarding concerns. Only now are these lies starting to be found out. Her days are numbered now I'm sure but the emotional cost of all this is huge.

Harli

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