[Solved] Ex Wife Destroying Relationship and Child Access

Hi and welcome

I'm not sure of the procedures regarding a police check, but I'm pretty sure that if carcass do this, the results should not be shared with your ex - it would be worth confirming with with carcass, and then perhaps your partner might be more willing to have one done.

A CRB check is supposed to be confidential.

I assume it's to satisfy CAFCASS? If your partner has some convictions it shouldn't really matter too much, unless they were sexual or violent in nature. Once the CRB disclosure comes back, CAFCASS would then issue a statement saying that they're satisfied that there is no risk to the children and that they no longer see any reason to remain involved in proceedings...

... and that would be that!

Hi Folks

The judge already said that he will have to disclose anything to ALL parties. Doesn't look good then.

I'm fed up of fighting! I think the whole thing is so stacked against fathers when the mother decides to use their children as a weapon, and the courts just go for caution to cover their backsides all the time.

SIGH!!!

Thanks though folks 🙂

Hi MrHappy,

I think i may have the solution.

You are entitled to not consent to the CRB check to go ahead. Equally so is your partner.

Use this in Court or to CAFCASS:
Article 8(1) of the Human Rights Act states: that Everyone has the right for his/her private and family life, [his/her home and his/her correspondence]

Afterwards say that: "The Court is also duty bound by Law to follow the Human Rights Act and this disclosure is unlawful. The case needs to progress concerning only the two parties (you and your ex). You can state that your partner has children of her own and that CAFCASS has no concerns with Contact going ahead at your Partners property, the only person who does is the Respondent.

Hope this helps 🙂

EDIT: Also if needs be could worm in Article 8(2)

Wow yoji, that's superb stuff 🙂

Hi actd,

Just hope it works... they are bound by it, must follow and respect it...

The issue is the respondent... not allowing the overnight.

Hi Mr Happy,

I would be inclined to agree with you. I have had my kids every weekend for the past 9 years, we've had 2 family holidays each year and lots of additional time together in the school holidays. Last year, whilst my ex-wife was on holiday with my children, I went on holiday with my wife and stepdaughter. This so enraged my ex-wife that she stopped me seeing my children and bombarded me with vile texts. I went to see a solicitor who advised that we obtain a contact order, on the basis that contact had been consistent and regular over the last 9 years and that the children obviously enjoyed their time with us. We went to court and provided lots of evidence, photos of holidays together, birthday parties and all the typical things you'd expect to see in family photos. These were submitted to the Magistrates along with texts both sent and received between my daughters and I which illustrated the strength of our relationship.

My Ex-wife then submitted to the court 2 hand written letters by my children, the gist of which were what a horrible man I am and how lovely there mum was. The language used in the letters was clearly the language of an adult , but the Magistrates ignored this. My ex then submitted a statement the the court claiming that I had made frequent threats of violence towards the children, which is an utter fabrication. At no point did the magistrates question why, up until the holiday I took with my wife, was my ex-wife more than happy for the children to come every single weekend and for weeks at a time in the school holidays, if indeed she believed me to be violent.

I even presented to the court texts from my ex to me which said " Can you have the girls for an extra night this weekend as I am going out" along with my response which was always "Yes, that would be great!". At no point did they think to ask her why she would be sending such texts if she believed the kids were unhappy at our house.

Anyway, the upshot was that the Magistrates proved to be totally useless and fearful of imposing any specific contact arrangements and I now see my children for 24 hours every second weekend. This is far less contact than I originally had.

I spent 1000's of pounds , demonstrated that I love my kids dearly and was told by those in the legal profession that I had a rock solid case . It was assumed I would get a sensible and fair contact order.

The experience I had is unique to me and I understand that every case is different. However, I have been left totally disillusioned with the legal system which appears to be heavily biased towards mothers and makes no provision for fathers who wish to play an instrumental role in the lives of their children.

Good luck in your case, I understand your frustration and wish you all the best.

Hi mutley

That's appalling - what did your solicitor say about the outcome?

Hi Mutley,

I'd be on to the Courts immediately about that.

And i'd be seeking to have the ruling overturned.