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Is this good for my...
 
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[Solved] Is this good for my fight in court?


Posts: 1306
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(@dad-i-d)
Noble Member
Joined: 14 years ago

Is this good for my fight in court?

Last Tuesday I had my first hour with my son since Boxing day…..this was with Cafcass so that they could see how my son was with me and how I was with him……it went so well……my son came to me as if we had not been apart but with a big hug n love for me….i was almost in tears…(happy tears though)
The Cafcass person spoke with me after the hour and was happy that with how my son and I were together, wanted one more session this week, I got a phone call from them yesterday saying that the Ex had told them she not bringing our son to see me there as he has been upset all week since seeing me.
Not really surprised that he was….he’s hardly seen me in 3 ½ months because she stopped contact because I won’t stop the court case for more contact with him….

I go back to court on the 1st April for direction hearing for contact and hopefully I’ll get the court order for defined contact I have done this for.
The thing that worries me is that the Ex has shown total disregard for the Cafcass officers after telling her that in their opinion contact should resume as I pose no threat to my son…(I never did pose a threat as I’ve never done anything to harm or hurt him….or her for that matter!) and it is better for his development to have regular contact with me.

How will this look in court? Will they make her give my son contact with me or will they just let her do whatever she wants without repercussion?
Seems if I was to go against cafcass or courts I’d be hung drawn n quartered.

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(@mikey)
Joined: 15 years ago

Reputable Member
Posts: 332

Hi dad-i-d

It's fantastic that you have had this contact with your son after so long and that he came straight to you for a big hug.

As you say, it's not surprising that since he saw you he has been upset. He must be feeling so confused and bewildered. Do press ahead with your court hearing. The court will make the right decision for your son, his welfare is paramount. If they make a contact order allowing you access, which your ex then breaks, this will look bad on her and she may face repercussions.

Let us know how you get on in April.

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 actd
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(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

Simplistically speaking, if you do everything that the court asks, and it goes well, then the court has no reason to do anything other than to look upon your application favourably. If you disregard the court (and that includes those acting on behalf of the court, ie Cafcass), then it never looks good in front of a judge - so your ex isn't doing her case any favours. I would say that you have an extremely good case for when you appear in court - and your ex's behaviour means that hopefully the judge will make it clear to her the consequences of not complying fully with the contact order.

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(@lostguy)
Joined: 15 years ago

Eminent Member
Posts: 18

Hi Dad-i-d

glad to hear the contact went well, seems you have the same problem as me, i am back in court on the 6th april, as my daughter apparently got upset etc after seeing me, the court may order a full cafcas report to be done, if cafcass decide they will do this, and this takes up to 16 weeks to do, as they will look into if the allegation is true and what is causing it! i know it doesnt sound good for you seeing your son but generally the courts hands are tied and they have to put the safety etc of your son first, even though your ex could be lieing

Hope everything goes well for you and hope this does not sound too bad but this is were i am at with my case at the moment

Regards

Lostguy

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