Hi anyone had any experience like this, I have received C100 and CA1 for the following - Section 3 abduction stating ive made comments about not returning our daughter and ive withhold my daughter from our current informal agreement (which she has not stuck to multiple times). also saying ive asked to retain the passport also untrue I just needed the passport for a holiday and since returning she has not asked for the passport back. also accusing me of picking up our daughter from nursery without permission. all seems very week to me when I have our daughter almost 50/50 in our current informal agreement, I feel she is just trying to stop shared care. our daughter is 2 years old. there's also a pro hib steps order requesting I cannot pick up our daughter from nursery or her without permission.
I have evidence including CCTV text messages to discount all this. do you think I will be asked to provide this?
from what you mentioned, seems like she wants to do away with 50/50 care. she will likely ask for court order that says child lives with mother, and want you to have child only on every other weekend. then she will ask you to hand over passport.
once court social workers (cafcass) gets involved, they will interview you. you can ask them about submitting any evidence you have. prohibited steps sounds silly. it will probably end up getting dismissed.
Absolute load of nonsense. If you go to nursery , go there on your usual days and collect.
It is best to get a court order though as seems like ex is been awkward. It is almost certain to be lives with mum and spends time with father order. If your child is at nursery and you are available family courts would rather you had child than nursery. All allegations will be dismissed answering a few questions to clarify the obvious .
the stuff she has mentioned not only has not happened, but she is also guilty of the allegations herself! how likely. is she to get what she wants with regards to moving the doctors and have me as a spends time with parent. since November I've cared for my daughter 6 nights in 14 I don't see the extra night as a big ask and it brings us to a simple 5522 pattern.even if the extra night isn't given, she's already shown how difficult and privileged she think she is as the mother im not sure I could cope with her being the resident parent.
the reason for not moving the doctors is simple our daughter has always been there its close to both our works excellent QCQ rating and weekend appointments so routine appointments are more likely to fall on my time with our daughter anyway, also she has tried to move the doctor without my consent so more evidence she's unreasonable and does not complete a documented handover which I do every time. lastly I have a daughter from a previous partner who is a great ex we share the care of her age 7 and never needed to go down this route
You will not get 7 nights in 14 and also it will be a lives with mum order.
What days were you doing and times to get 6 out of 14. Also what might go against you is that your child is only 2.
It will go in your favour that your child is at nursery and i would for future hearings see if nursery write a note to say what days you were picking child up. Did you used to pick up from nursery and drop back in morning.
You say you have an informal agreement, so there is no court order ref contact ? If she were to keep your daughter, and not return her from the informal agreement, she will drag it out, it will be a year before it hits court for a final hearing, and you will get a lot less than you have now. Once a pattern of residence has been maintained the courts will deem it not to be in the interest of the child to upset that arrangement. You could flip the scenario by moving first, by establishing a pattern of stable residence with you, and then once you have the court order in place, loosen up and give her more time ?
I feel I have not given enough information on the situation so will try and give you a better understanding, I have a first court date set in 3 months.
we are currently on an almost 5522 patten but the ex refuses to allow me the extra night in my 5 nights meaning our daughter has to be collected from me in the evening to come back to me the next morning once every two weeks.
we have an informal agreement in place and most of this is still followed I still have the 6 nights in 14 and have for 8 months now, only since lockdown she seems to think now I cant have my daughter until the evening on times I would have her in the morning due to her working from home. I care for our daughter and my daughter (from previous ex). ive had her application now c100 and ca1 with no details on what she is requesting over than change of doctors which I believes holds not benefit and the prohibitive steps order to stop be collecting from nursery or from her without permission both of which I have never done furthermore she has withheld our daughter multiple times now when it suits, she's contacted police about harassment which was dismissed.
I really don't understand what she is hoping to achieve with the pro hib order as your pattern had no need for me to collect our daughter from nursery (she only goes one day a week and I always drop off and she collects).
ive spoke with the Cafcass officer the guy seems nice and I explained I how much I have our daughter and he didn't really seem to understand the order either. since this she withheld our daughter this week I turned up t collect as our agreement in the morning she did not answer and said I could only collect in the evening, surly this was reckless when she is accusing me of exactly this in her Pro hib order?
im also requesting to have our daughter fathers day offering any day swap in return and she will not respond to me which is very sad?
she has also attempted to move the doctors without my consent which I managed to stop before the documents transferred?
would this C1A give her legal aid?
I feel any agreement the courts make will be shared care and im in a strong position legally, so I'm curious to why you feel I won't achieve this and the extra night to bring a more stable routine to our daughter? yes our daughter is only 2 years old but we have continued a 6/14 pattern without fail for the last 8 months and the only unsettling thing about the pattern I feel is the one night our daughter has to goo back to mum just for over night until the following morning.
since she left she moved 25 min. away. into a new county,
our daughter nursery and doctors are still located nearer to my address and registered to my address.
she has lied in the order saying it takes 40 min to arrive to my address
ive also asked that im happy to share collect and drop off with her (which benefits her as she drives past my address from her work to collect your daughter so she works near the nursery and doctors,
ive only asked that on one morning she drops off our daughter as I already collect my other daughter around the same time so I wish to save them both an 1 1/2 long trip in th car.
the doctors she wishes to move our daughter too is not even the nearest to her residence but even further away from myself and closer the her family.
the prohibitive steps order claims ive said to her after collecting she would not see our daughter for a long time - untrue.
she has moved address 3 times since break up I have remained consistent in the family home throughout and now she has moved back in with her.
mother and strange new bf (weird reddit posts from him) when they have not been together long.
her prohib step order sounds like nonsense. court and cafcass like to send dads to nursery/school to pick up kids, to avoid any trouble at ex's home. even cafcass is confused by her application lol.
if she is on benefits, then theres good chance of her getting legal aid, even with weak claims of domestic abuse/violence.
guess you can use this opportunity to ask for extra time with your child. you should look to get school holidays shared out equally, when your child starts full-time schooling. other things like holidays abroad. you should get these things put into your order, so you don't end up returning to court for it in future.
The most you will get is 6 nights in 14 . it may be less due to extra distance and wether you can do nursery pick ups etc. I don't think her c1a form will amount to anything other than to frustrate contact and attempt legal aid perhaps. I am not sure when you had your contact exactly, but highly likely it will no longer be same as old arrangement. It all depends on what times you are available and what days you can do. nursery pick up and drop offs are highly likely to be expected from you though