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Son had his 4th appearance in court this week and it is going to a finding of fact hearing but there has to be a pre-finding of fact hearing first.
As much as I would love to spill the beans on everything we have found out about her past, we have been told that we are not allowed to discuss it. I can say that we have been sickened by what we have read about her past and lies she has made to police in previous allegations towards someone else which have also been founded to be untrue. I have serious concerns over her ability to look after my granddaughter and I know that Social Services have been involved with her and her family for many years previously unbeknown to us.
My question is, my son applied for contact in the beginning but since we have found out what we know, he is considering changing his mind to go for custody or at least shared custody. Will he have to decide this before going for the finding of fact hearing? Will the judge make a decision at the hearing or will there be a post hearing where it is decided what happens?
Hi Cuddles,
To my knowledge the fact finding hearing can be done and be followed by a final hearing or directions I guess, or as part of the final hearing which is whats happening in my case.
By the sounds of it yours is a fact finding hearing which will likely be followed by a further directions or final hearing.
Others will pitch in with theyre experience....does that help?
Regards,
Dave
Thanks Dave. Yes that does help. Wasn't sure if the judge would allocate contact at this session or if he needed to give directions for custody.
Hope yours goes well.
In my Finding of Fact Hearing back in late 2011 the judge heard the evidence and threw out all the ex’s claims/allegations. At the hearing he ordered contact to resume immediately.
For anyone who has followed my experiences the last few years will know that the ex did not comply with that order or any others up until the very latest one June this year I have with penalty of prison for her should she break it.
I was asked by the judge at one of the enforcement hearings if there was a need for a Residence order being made as there wasn’t one in place. I always agreed that my little one was ok with his mother as long as I got regular weekly and holiday contact with him.
I think the judge was trying to suggest that I apply for one but I wasn’t in a position to afford the application fee knowing I’d not get full residence as it would be a formality to give residence to the ex but add my days with our son.
I will be applying for residence order should the ex breach this enforced order as I will have to apply for change of residence if not given automatically by the judge.
I would speak with CORAM (CLC) ask them about this to clarify your position better....they are a great help.
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