Please help~!~!
Hi All,
I am making an emergency application to court in respect to the mother trying to silence me speaking about my family otherwise she will NOT attend contact this Sunday.
The situation is such; this was put before the Judge 3 weeks ago BUT the judge didnt rule in favour of mother in respect to this.
Mother has gone to Cafcass and Cafcass said they will stop contact IF I speak about my family. This is taking place outside court, does Cafcass have the power to make sure orders outside court?? It new to me - I didn't know CAFCASS were part time Judges.
Please help - what grounds do I have? i.e. invasion of human rights... does anyone have an idea at all please, I need some legal advice in respect to grounds as I want to talk about my family, they are no harm and nothing has been proven.
Hi there
I would suggest that you agree so that contact can go ahead on Sunday, but on Monday email the judge that was at the hearing and explain what has happened, and ask if your case can be returned for urgent new directions, as CAFCASS are refusing to allow you to talk about family, when this had been discussed in court and no order made in favour of the mother in respect of it.
Best of luck
Thanks for the reply,
The judge considered it, but the Judge just goes with everything the CAFCASS officer says, which is unfortunate as she really doesn't like me, the proof is, she has never once said anything positive about me even when the judge gave me credit.
The judge at the hearing can easily just say, well cafcass are the professionals so I will go with them, case closed.
Secondly, you can't just email the Judge can you? I thought you would have to fill out a C79 to enforce the order.
To be honest, for now, why not just jump through the hoops and get some contact going as surely that's the priority.
Deal with the issues about talking about your family at the next hearing.
Without knowing the full case, it's hard to judge, but I would say focus on you and the child for now and get yourself in a stronger position.
You can't email a judge, no. You can email or write to the court putting it for the judge's attention.
It's certainly not something you can make an emergency application for. The judge will very likely turn you away and not see you.
When are you due back in court?
Thanks
I am considering doing a C79 so could be in 3 weeks OR if I wait for the next hearing it would be 1 and half months max.
My question is, in terms of Law, where do I stand? what can I bring up...? For example - deprivation of human rights? Right to a family life. ??
I already have contact fortnightly.
If you put in a C79 for this or start going on about human rights, to be blunt, you're going to look like a bit of a wally and probably come across as confrontational.
As I said, its' difficult to advise when we don't know your case, but I would suggest toning down your approach and think about how you're going to present yourself to the court.
If contact is ongoing and your next hearing is in 6 weeks, why not bite the bullet during the next three contacts and deal with it at the next hearing.
If you feel that the judge will just go along with what CAFCASS are saying to you about not talking to your family, then in that situation there would be little to be gained from emailing to ask for urgent new directions.
I should have clarified that /emailing writing to the judge is done by putting it - for the attention of : name of judge. Sorry about that.
I agree that you as you have fortnightly contact, with only 6 weeks until the next hearing, it might be a good idea to concentrate on having really good contact. You can then address it in court at the next hearing.
Perhaps it might be helpful to prepare a brief position statement to tell the court about what has happened between hearings.
Talking about your human rights probably isn't the best way to go, oncentrate on what is best from your child's point of view.
Adding another application to existing proceeedings can be done by submitting form C2. If you have any concerns, it's probably better to bring them up at the next hearing.