Hi all
I have been going through a court battle with my ex since August 2021 I haven’t seen my little boy for almost 3 years. After lots of delays and attempted delays from my ex during the court proceedings we finally had our fact find hearing in October last year where all allegations against me where found to be untrue.
The judge ordered after that for a section 7 report to go ahead and for contact to start between me and my son who is going to be 5 in May to begin again with this to be supported by CAFCASS.
Our case worker has been great but as expected my ex is delaying this now and is stating that it is causing my son emotional distress with no evidence and the nursery workers stating the opposite. In the S7 report the case worker has stated that some of the things my son is saying isn’t from him own memory but things he has overheard from adult conversations.
My son has said he doesn’t want to see me but can remember playing games with me (the last time I saw him was just after his 2nd birthday) my ex is saying that he is old enough to know why he wants and believes his wishes should be accepted. The case worker again has respectfully disagreed.
So he is now recommending that when we go back to court we go through another stage called ICFA. I feel like this is yet further delay in my ex’s side to try and stop me from seeing my son when the judge and CAFCASS are all saying there is no reasons for this to not happen.
In the S7 report there was some concerning things raised by the nursery staff about the routine of him being dropped off and also the way my ex communicates with the nursery. I have also since found out that she has been able to take him out of the country twice in the last 6 months without me knowing.
I am after any advice or if anyone has been through anything similar. I got to the stage before I read the report and found out he didn’t want to see me in giving up but after the report I feel like not only do I need to fight for visitation I should fight for custody instead as he is constantly being used as a weapon against me
Thank you in advance
This must be very distressing for you and advise that you hang on in there. The report is in your favour and the court will see what she is doing. As you haven't seen your son or some time, it's unlikely that the court will say he can live with you right now. The relationship will need rebuilding. Your goal could be 50/50 at some time in the future. He will be starting school soon and you should be consulted on which school he goes to but that seem unlikely. Suggest you make contact with the school so they are aware of the situation and you can ask for reports to be sent to you.
hi,
the judges tend to agree with Cafcass recommendations the majority of time. so if you have a positive S7 report, suggest you agree with it, and hopefully it will not be long before your seeing child again.