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Currently inbetween hearings with final hearing late next month however statements made in court the last time have turned out not to be the case!
I Got a bit of a snotty letter from Ex's solicotor this week regarding a few issues one of the things I had highlighted was at the last hearing her solicotor during contact negoitations stated that my daughter had never been away for anything more than an overnight stay and we took their word on this my wife also was present when the statement was said. It was also repeated to the judge as I was asking for my daughter to spend a week up here with me.
It has since transpired that this has not been the case at all and both last year and this summer holidays my daughter was with a freind and her parents for upwards of 3 nights each time at a caravan. Now I have no objection to this whatsoever the point I have is that both myself and the judge have been mislead by this statement and we didn't push for the contact even though my daughter is desperate to come and visit.
The solicotor has tried to make out that she has known the family and girl for a number of years. I have only been back in my daughters life for a short period of time etc and the distance of where I live which I think is irrevent as it would take approx the same time to get to the caravan in wales as it does to travel to where I live in Scotland.
Now I am considering in writing a letter to the judge overseeing our case to make him aware of the situation good idea or not as I think they have lied to the court.
IMHO i would certainly.....if they have lied and you can prove it then why not do it! after all its double standards in my book.....she will allow other people to take your daughter away for a few nights at a time but not her father!
i say go for it....but make sure you can back it up with proof not just "hear say"
Basically my only worry of filing it now is that 1) its not read - no harm (2) if its read and the judge perceives this as a bickering couple and that I am telling teacher on you every time them it may not get all the credit it deserves.
I would probably gain more evidence that she is a prepared to make false allegations and prepared to make contact as difficult as possible.
I would file it on your statement of position prior to the hearing.
How long do you have her at present for at the longest and what is she opposing?
Wouldnt say its bickering and yes I have the proof solicitor has confirmed that my daughter has been overnight for extended periods they used this argument to ensure my daughter didnt get to visit during the holidays.
Hi
I would agree with boycieuk that this is something that should be put into your statement. I don't feel it would be viewed as bickering or telling tales, it clearly shows an important precedent that your ex is comfortable with allowing your daughter to be in someone else's care for extended periods, and this reinforces your position that your daughter should be able to share similar with you. By putting it in your statement the court should treat it as worthy of judgement but you do need some compelling evidence to back it up. In my opinion if they accept that it has happened then they should also make an inference on your ex's apparent attempt to 'misdirect' the court.
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