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Magistrate Cancelled My CAO

 
(@butcher)
Active Member Registered

I took my ex to court for continually breaching the order last Friday

The order was made in 2016 our 2 sons are now 12 and 15

She was found not guilty despite my substantial evidence. She said it was outsdated and shhould be more flexible.

The Magistrates also cancelled the CAO on the spot and said its up to the pair of us to agree times.

What are my options??? Can i appeal , Can i apply for a new one.

Ive already wrote to my Ex proposing dates including the important Xmas ones. I dont expect a reply.

I was totally shafted . The magistrates asking me to deal with an unresponsive ex....Im feeling pretty gutted.

What can i do?

Quote
Topic starter Posted : 28/11/2023 11:14 am
(@bill337)
Illustrious Member

Hi,

Am sorry to hear this. The childrens ages must have played a big part in the courts decisions. I don't think there would be any benefit to appeal or make further application. Are you able to communicate directly with the kids and see if they are interested in spending more time with you?

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Posted : 28/11/2023 11:29 am

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(@butcher)
Active Member Registered

Hi yes....they were with me at the weekend. They said they just want the arrangemenst to continue.

Alternate weekends

Every Tuesday Night

Half of Holidays

 

But ive wrote to my ex at the start of August trying to agree Xmas dates. I dont get a reply. So its a nightmare to arrange things with extended family so we can all be together.

ReplyQuote
Topic starter Posted : 28/11/2023 11:47 am
(@felix5)
Eminent Member Registered

Hi,

 

I am really sorry to hear this.

As a rule of thumb, magistrates shouldn't be making decisions on child arrangements or orders.

If your case is being heard by a magistrate, I would ask for it to be escalate to a judge. 

 

The reason for this is:

1) Magistrates do not know the law as well as a Judge- magistrates are advised by a legal clerk who sits in the court. Magistrates are workers like you and I - most often previous headteachers, ceo's etc who hear "summary cases"  like anti social behaviour - fines etc.

2) Judges have a much more comprehensive and deep understanding of the law.

Moreover - magistrates tend to be a bit "soft" compared to judges who will not excuse either parent for poor behaviour. I am shocked to hear they didn't withhold the existing order but I am not surprised sadly. 

 

Action: 

I would recommend you get your case reheard with a county judge + you might have to re-appeal to magistrates, attend a hearing and ask for it to be escalated to a judge or you may be able to go to county judge directly. 

 

I hope this helps. 

 

Regards,

Alienated Father 

 

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Posted : 28/11/2023 3:54 pm

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