Hey!
Im fairly new to all this as I’ve just started helping my partner reopen his court case with his ex who falsely accused him of DA just to keep him away from the kids when he left her (he was in-fact the victim of many forms of DA)
I was wondering if you had any suggestions on what was valuable evidence of proving PA or helped changed indirect contact to direct contact or even 50/50 / full custody.
My partner hasn’t seen his daughter for almost 3 years (he left when she was 2) and indirect contact was granted in the form of 1 letter per month and gifts on special occasions. this was granted on the basis that his ex falsely accused him of DA and he didn’t attend final hearing as he just gave up ( she had legal aid, he was representing himself didn’t know what he was doing and head was in the bin with everything )
the ex is in breach of CAO as has stated she will not pass on any contact to the child - even her birthday presents. We are in the dark as to what school she has just started and if she even uses her full name (double barrel surname) as a recent photo shown that the surname was incorrect on a certificate ( fathers surname missing off double barrel). Its very obvious that the ex is happy to bring her child up without her knowing about her father who is desperate to be part of her life - he’s just petrified of his ex and what accusations she come up with next.
myself and fathers family have tried to mediate and she threatens harassment and calls police to keep us away.
we are about to file c78/c79 however any signposting to organisations that actually help or resources about court formatting etc would be greatfully appreciated! Also barrister recommendations ?!
Thanks a lot & stay strong everyone!
Forget full custody, which isn't even a term used in family court anymore and 50/50 not likely either following 3 yrs of no contact with a 5 yr old , Dad is basically a stranger at this point .
Hi,
I think in this situation it may be better to apply to vary the current order using a C100 form, to seek direct contact.
Sounds like it will be a very difficult case to deal with. I don't have recommendations but he can research the direct access portal and look up barristers: https://www.directaccessportal.co.uk/make-enquiry.html
There are some helpful guides on the advicenow.org.uk website. They explain the process for seeking contact and will help if he decides to represent himself
@harveybdac thank you for your input. I know it’s so sad isn’t it 🙁 definitely want to try and gain direct contact to start with in the hope of repairing the relationship between him and his daughter.
@champagne thank you for this! Very helpful and much appreciated
@bill337 thank you for the info, much appreciated.
Would the court look to amend the order when we go back to court following c79 form - Enforcement of broke child arrangement order ? Or does a c100 still need to be filed?
Hello and welcome!
He should definitely pursue direct contact with his daughter.
The first step is to work on his mind set which is that it will be a marathon and not a sprint. Contact will have to be built up gradually and he must be patient. Support him in remaining calm, measured and child focused.
Re-read the allegations that his ex made against in the past. Do they include allegations of anger, physical violence or child neglect?
If yes then he should consider conoletion an anger management programme or the Triple P programme. This would be admission of abuse but would mitigate risks for the child.
Even when abuse has been proven, the respondent could still be build to unsupervised contact if they show insight into their behaviour or concerns raised. They are especially looked at positively if they do a programme voluntarily.
@roxymay if you have not filed c79 enforcement, i think it's better to apply with c100 to vary existing order instead, for seeking direct contact. It would be more clear cut.