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Court process and costs ongoing?

 
obsession1
(@obsession1)
Trusted Member Registered

After filling in the C100 i have a date early November i originally filled these in June. What is the process at the first hearing i have no record of ever doing anyhting wrong but my ex will make up stories. I just want to come away from it with a contact order of some description as a miniumum is that likley to happen? My ex did say in her statement to cafcas she would allow me to see the kids under supervision of grandparents which is a farce as seen as i have never done anyhting wrong to her or kids but she can say what she likes. What will happen on this forst appearance and what am i likley to gain from it? i paid for the C100 what happens about fees after this first court date? i want this sorting very quickly and easily she will try and complicate it to stall me seeing the kids

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Topic starter Posted : 05/10/2021 3:18 pm
edpacket
(@edpacket)
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There are no more fees for the case. If you are not using solicitor|barrister there are no more costs. Did you have your Cafcass meeting? Any contact recommendation from Cafcass? If you and your ex agree on the contact schedule, the judge can make the order. If not, he will order more things depending on the allegations of the mother. 

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Posted : 05/10/2021 3:40 pm

obsession1
(@obsession1)
Trusted Member Registered

@edpacket 

I have spoke with cafcas on the phone. I have a non mol, contested with no evidence against me. i already know she is going to accuse me of aggresion and hitting kids and using language in front of them it has been made known to a circle of friends what her intentions are. I don't care none of it can be proved i just want to see the kids in anyway possible. I can gurantee she won't aggree anything. I am desperate to see them so i will be asking for a order in the meantime which i am pinning all hopes on. Other wise it will be into next year and then at least 6 months since ive seen them. 

 

Thanks for good advice so far the costs are at least one thing. 

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Topic starter Posted : 05/10/2021 3:49 pm
obsession1
(@obsession1)
Trusted Member Registered
Posted by: @edpacket

There are no more fees for the case. If you are not using solicitor|barrister there are no more costs. Did you have your Cafcass meeting? Any contact recommendation from Cafcass? If you and your ex agree on the contact schedule, the judge can make the order. If not, he will order more things depending on the allegations of the mother. 

No reccomendation from cafcass but it was all positive what they said no records of any sort, no evidence of anything against me. All hear say. Who sorts out stay overs? days? times etc etc? birthdays, school holidays? i am completely flexible i just want a routine. 

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Topic starter Posted : 05/10/2021 3:51 pm

top tips to support your child after breakup

edpacket
(@edpacket)
Trusted Member Registered

@obsession1 I am afraid they don't need proof. Whatever your ex says, the court has to investigate which causes even more delays. I think you need to prepare yourself for many more months without seeing your children. For the hearing, you could prepare a position statement (it is not mandatory if you represent yourself). It is just a document that explains to the judge what you want for the hearing. You could give a brief description of how you get to this point and what you want from the hearing. I am not a solicitor but I have found the hearings are very informal. You just say what you want, the judge asks your ex if she agrees and then the judge decides what to do. I think it is a huge advantage to provide a position statement as your x solicitor will provide one. The judge will read this just before joining the meeting so it is in your interest to provide one. 

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Posted : 05/10/2021 5:13 pm
obsession1
(@obsession1)
Trusted Member Registered
Posted by: @edpacket

@obsession1 I am afraid they don't need proof. Whatever your ex says, the court has to investigate which causes even more delays. I think you need to prepare yourself for many more months without seeing your children. For the hearing, you could prepare a position statement (it is not mandatory if you represent yourself). It is just a document that explains to the judge what you want for the hearing. You could give a brief description of how you get to this point and what you want from the hearing. I am not a solicitor but I have found the hearings are very informal. You just say what you want, the judge asks your ex if she agrees and then the judge decides what to do. I think it is a huge advantage to provide a position statement as your x solicitor will provide one. The judge will read this just before joining the meeting so it is in your interest to provide one. 

Thanks for your honesty. The nightmare gets worse

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Topic starter Posted : 05/10/2021 5:19 pm

how contact centres work

obsession1
(@obsession1)
Trusted Member Registered
Posted by: @edpacket

@obsession1 I am afraid they don't need proof. Whatever your ex says, the court has to investigate which causes even more delays. I think you need to prepare yourself for many more months without seeing your children. For the hearing, you could prepare a position statement (it is not mandatory if you represent yourself). It is just a document that explains to the judge what you want for the hearing. You could give a brief description of how you get to this point and what you want from the hearing. I am not a solicitor but I have found the hearings are very informal. You just say what you want, the judge asks your ex if she agrees and then the judge decides what to do. I think it is a huge advantage to provide a position statement as your x solicitor will provide one. The judge will read this just before joining the meeting so it is in your interest to provide one. 

So you don't think i would even get a order for supervised access with grandparents etc etc? temporarily

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Topic starter Posted : 05/10/2021 5:27 pm
edpacket
(@edpacket)
Trusted Member Registered

I am in the same boat. I  have lost hope. My x knew what she was doing. She prepared her case for months. I know she will oppose any contact just making more and more lies. She will drag the case for years. There is no punishment for lying in the family court or for false police reports. 

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Posted : 05/10/2021 5:48 pm

edpacket
(@edpacket)
Trusted Member Registered

@obsession1 I don't know. I think the NMO case can make it difficult and the judge may order something called Section 7 report. It is a more thorough investigation from Cafcass. 

 

https://www.cafcass.gov.uk/grown-ups/parents-and-carers/divorce-and-separation/what-to-expect-from-cafcass/section-7-report/

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Posted : 05/10/2021 5:59 pm
Daddyup
(@Daddyup)
Honorable Member Registered

Hi

You have to take the emotions out of things and plan strategically. 

As there is a non mol in place the practicalities of contact will be challenging as the court will factor in the non mol conditions, eg if you are not to contact mum then court will not allow contact if the only way is for you to contact mum if that makes sense. 

Depending on the non mol allegations, the judge may want to investigate those matters first before allowing any contact to ensure there is no risk to children. This can cause delays.

In situations like this, it can actually be better to do things outside of court if mum is allowing supervised contact with grandparents as presume they can contact her to arrange child contact without breaching non mol. In time that could move to unsupervised etc.

However, it's fine via court but it may be easier to accept supervised as part of a contact plan to build up to unsupervised contact (agree this at the start)..

Worst case, if the judge finds against you re domestic violence or child safeguarding then you may be asked to do courses before seeing the kids at all...

As I say it all depends on the strength and seriousness of the allegations, many fathers have successfully defended themselves in such situations and secured excellent contact especially where there is no evidence against them and Cafcass get on board.

 

All the best. 

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Posted : 05/10/2021 5:59 pm

top tips to support your child after breakup

Free online course for separated parents. Click here

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