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TOPIC: First hearing advice

First hearing advice 3 months 1 day ago #91846

I split from my wife in 2014 due to
Unreported violence towards me I divorced her a year later for unreasonable behaviour.
I have seen my every other weekend since and school holidays.

My ex wife gave me a black eye recently I reported to the police but CPS have dropped it due to not enough evidence. Well all this as been going on I reported her to social services because of concerns I have regarding her temper . Social services offered her councilling for her anger . And made a report but no further action.

I have instructed a solicitor and applied straight to court due to feeling uncomfortable around her with mediation after being attacked. I want shared care equal time spent with mother and myself .

Anyone any advice for me would be appreciated

Thanks

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First hearing advice 3 months 18 hours ago #91850

  • Mojo
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Hi there

As there has been recent DV mediation isnt usually appropriate prior to court action. Hopefully your solicitor would have submitted form C1a to tell the court about the risks to your children.

Prior to the first hearing, you should be contacted by CAFCASS who will be tasked with preparing a Schedule 2 letter. This is a basic safeguarding report to tell the court about any previous police or local authority involvement with you, your ex and the children.

They will want to speak to you both, this is usually by telephone, this will give you the opportunity to tell them about your concerns, its always best to be open with them, but you should try not bad mouth the mother, just present the facts and let them draw their own conclusions.

Its likely the court will order further more detailed welfare reports, this would usually be in the form of a Section 7 report.

Its helpful if you prepare a very brief Position Statement to take with you to the hearing, to tell the court a little about the background to your case, your concerns and what you would like to happen.

Theres lots of info in the stickys at the top of the legal eagle section about the process, which you may find useful and if you have any specific questions, please dont heaitate to ask.

All the best

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DadTalk Moderator

Not legally trained... just plenty of experience and common sense!
Last Edit: by Mojo.

First hearing advice 3 months 5 hours ago #91859

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Mojo has given you very good advice and you're fortunate to have a solicitor so the process should be relatively simple for you. Feel free to keep messaging on here and we will support where we can.

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DAD.info Moderator

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.

First hearing advice 1 month 1 week ago #93001

Had my first hearing today and got 50/50 live with both parents! Solicitor spoke to ex and she agreed !

On cloud 9 !

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First hearing advice 1 month 1 week ago #93002

Hi There,

I bet you are well done great result

GTTS

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First hearing advice 1 month 1 week ago #93006

Well done and great result, fingers crossed you can both keep it focussed for the children and that she sticks to the agreement.

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Dad-i-d

i'm not legally trained....i'm just a Dad going through hell to see his child grow up and become a decent man and human being.....my goal is simple...to be the father to my child like my father is to me...my hero.

Started this battle 2010.....who knows when the fighting will stop!

Parental Alienation is real and is abuse!

First hearing advice 1 month 1 week ago #93025

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That's great news! You're fortunate that the ex decided to go with your proposals, it could have dragged on otherwise. Time to put this episode behind you and get on with being a great Dad. Well done!

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First hearing advice 1 month 1 week ago #93038

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Excellent result - the best possible for everyone. Well done.

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First hearing advice 1 month 5 days ago #93079

Yes me and my solicitor was baffled because pre court all she was offering me was a pick up from school mid week but I had to drop off back with mum!

Cafcass pushes for this review hearing to check everything is going well in 4 months time so that was the only downfall really. They was concerned it was a big step for my daughter.

So my worry now is ex will make stories up and say week on week off not working come November .

But she is delighted she is getting full child maintenance for having my daughter 14nites a month ! I know soon as I say no
Need for me to oay with us having 50/50 everything will kick off !

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Last Edit: by Northerner45.

First hearing advice 1 month 5 days ago #93084

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Check with CMO if you still have any liability now 50/50 is in place. I know it sounds bonkers but sometimes one party still ends up having to pay something, even though it is usually drastically reduced.

Great result though and thank you for sharing. Continue to keep a log of anything that can be considered evidence if you're going back to court at a later date and think she will make false claims.

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DAD.info Moderator

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.
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