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Hi, in need of some advice.
My son is 13. His mum and I have been split up since he was 1. We have a very poor relationship. There's no question or accusations of abuse to our son, but she always makes noises about me abusing her. We basically don't agree or have contact unless it's very few words or a full blown insult session via texts.
Our arrangement used to be that I would have my son every second weekend, Fri and Sat nights, return Sun pm. Then on the off week, have him evenings (but not overnight) Thurs and Fri (she's hairdresser and this covered her work). This had been on for four and a half years. We actually never had problems arranging holidays, though she has never let me have him on his birthday. She threatened to stop the Thurs and Fri evening for years, but we carried it on, but when my boy started secondary school the threats took on a new intensity and regularity. Things came to a head when we had a dispute about something very stupid that she did, that I won't bore you with here, but wouldn't make her look good in court but doesn't constitute anything like abuse or something.
She used the dispute as moral authority to stop the Thurs and Fri. That was Feb 2024. I didn't start mediation until Dec. She refused mediation (I was constantly told this would make her look bad but so far nobody seems to give a [censored] about that). C100 went in January.
TL;DR What follows is the meat of the matter
First hearing was May, Section 7 ordered. I was asking for continuation of the weekends but also asked for 3 overnights on the off week to replace the previous evening contact that had been interrupted.
My boy being 13, I was told, in light of no abuse or anything, whatever he wants is likely how it will go.
Cafcass interviews took place recently. Section 7 delivered. My boy told the FCA that he wanted to see me on the off week, but didn't want a court order for that as he wanted to be "flexible". So the report recommends continuing the weekend overnights as before with no change, but my boy should be allowed to come and visit me when he wants. This is all to reflect his growing independence as a young person etc. His mum told the FCA she would commit to that.
I find all of that very woolly. His mum has a declared position of considering me as not being a "valid parent". She has unilaterally stopped contact and refused mediation. My concern is here that my son has said he'd like to see one plan of action but of course he isn't being legally informed. So how can a 13 year old make decisions when there is a legal concern - namely that if the order doesn't specify anything except I am to see him every second weekend, his mum will be in a position to control all other contact, with a legal basis for doing so. But my son's declared position is that he wants to see me on the off week, just not with rigid days. But the FCA's advice is to make a legal order that doesn't support it and then just rely on faith in his mother that can't be enforced. It's very contradictory.
Woolly, nuts. Now that I summarise it like that, more like shocking. Makes no sense.
I have to do a position statement and file by 19th August. For first hearing, I employed a Mackenzie Friend to help me with that. I can't afford another one (single with no disposable income). so I'm doing this myself.
Any thoughts appreciated.
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