TOPIC: Abuse

Abuse 5 months 2 weeks ago #97714

Hi Yoda turned out to be correct and has been listed as a contested hearing which obviously dissapointed me. I was granted an interim contact order however. My question is do I have to prepare a court bundle and if so how many copies and what should it contain? Neither party was legally represented if that matters. Many many thanks to you all particularly Mojo who has helped tremendously. Thanks in advance Steve

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Abuse 5 months 2 weeks ago #97715

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I agree wholeheartedly with what Mojo has suggested above.

If it comes to a contested hearing it sounds like the SW will give evidence in your favour.

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Abuse 5 months 1 week ago #97733

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Hi there

You don’t need to prepare a bundle unless the court have ordered you to, but it doesn’t hurt to compile a folder with all of the relevant paperwork, statements etc. to refer to.

An interim order for contact is a step forward, well done.

All the best

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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.

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Abuse 5 months 3 days ago #97885

Hi having received the paperwork for the final hearing and am a little confused. It mentions statements again which have to be sent to the court the ex etc which I do understand,it goes on about evidence in support which in my case is a text message discussion about holidays which shows that my exs statement is 100% misleading to put it mildly. I have had this printed off do I need to send this to the court and all parties with my statement or present it on the day? I also still have the handset they were received on do I offer this to the court as well? I'm not sure what's relevant and allowed etc it's all very confusing. Many thanks as always in advance Steve

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Abuse 5 months 3 days ago #97887

Any statement you give where you rely on evidence to prove your case you will need to submit to the court and parties ahead of the hearing as court have ordered statements.
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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!

Abuse 5 months 3 days ago #97889

Thankyou do I send copies of this at the same time to all parties with my statement or take it to court on the day? Thanks in advance Steve

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Abuse 5 months 3 days ago #97895

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You should refer to the evidence in your statement and attach the evidence to the back of it, sending them in together. If you have a date to file the paperwork by, you would also send copies to the other parties at the same time.

I would also mention in your statement that you will have the handset with you in court if they wish to see it.

All the best
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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.

Abuse 1 month 4 weeks ago #99674

Hi there, after going through the whole process I was granted a court order giving me everything I asked for as it was clear everything she said was untrue. After just a few months she is starting her antics again saying my daughter has behaviour problems and such rubbish. I was granted a holiday with my daughter for a week from 12th August which she knows we will be setting off early for but is saying I cannot have access until later in the day the court order states a week from the 12th with no time given. I have tried to compromise by saying I won't have my daughter until 8 on the evening before so as not to disrupt her household early in the morning but just get dictated to. I am at the end of my tether with all this nonsense and just don't know what to do anymore and after coming so far feel like giving in this is never going to end if she can still do as she pleases when she pleases so what's the point? Any advice would be greatly appreciated thanks in advance Steve

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Abuse 1 month 4 weeks ago #99675

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Hi

I would suggest writing a formal letter / email to her giving your travel details. If she remains in this position, you will need to let her know that you will return to court to seek enforcement of the order including costs if her times cause you to miss your holiday.

Alternatively, you can let her know it's possible to apply for a Specific Issue Order a week before the holiday to get a court order with a specific time for that day to prevent you missing your holiday.

Hopefully she will play ball!
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Abuse 1 month 4 weeks ago #99678

I have tried that offered every compromise possible and when I said I would go back to court she came up with the latest lot of nonsense ringing the police and social services to tell them my daughter was misbehaving which is laughable. Having spoken to the social worker he said that SHE had said she was going to go back to court he just said he told her there was no need for his involvement and told her to compromise. She will now just sit there and wait to disrupt the holiday so what is my best course of action and how do I go about it please? Many thanks in advance Steve

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Abuse 1 month 4 weeks ago #99679

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If she still hasn't agreed to the time needed to make the holiday a week or two before, then you could go to court and get an urgent hearing for a Specific Issue Order or Enforcement Order. SIO you use a C100 and EO you use a C79. You just fill out the form, go to your court and wait to see a judge.
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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.

Abuse 1 month 3 weeks ago #99696

Thankyou, after speaking to the social worker whom she rang he said she was claiming I am in breach of the order which is laughable. The only thing that deviated was one Sunday when I was due a 12 until 5 afternoon contact. An issue had arisen where I could not pick up and return my daughter at the specified times. I informed her of this one week prior by text and offered one of the filling resolutions 1: not to have my daughter that day 2: one of her older siblings(Who are all adults) to collect and return her at the specified time,3: to collect my daughter earlier and drop her later than 5. After waiting a week she finally replied saying to pick her up early and return her late. I picked my daughter up at 11 wasn't asked what time she would be back so didn't say it would be around 7 as I only communicate with her via text, about 650 she rang ranting I did stay calm and simply said I was returning my daughter shortly as I felt it prudent for her th have tea as opposed to returning her hungry. I may be wrong but I don't see this as a breach as it was agreed am I right or should I have stuck to the exact times regardless of clearing it? She says she is taking ME back to court which just seems ridiculous!!!! All this happened after the dis agreement over holiday time, having checked the order it simply says from the 12th for one week with no time so does that leave it open? Thanks in advance any advice would be greatly appreciated Steve

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