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TOPIC: Have I shot myself in the foot?

Have I shot myself in the foot? 3 weeks 2 days ago #95822

Wife has prohibited steps and child arrangement order against me (i'm appealing). My wife moved 10 miles away (and then has quietly moved twice since without a word as to where until i keep finding out) to be closer to work.

I have filed a prohibited steps against my mother in law to have no contact with the children due to threats of violence, constant abusive language around the children and risks over child welfare. Police have been involved 4 times and even came to have 45 mins chatting directly to the children yesterday during supervised visit to subtly get their take on things and so they also become familiar and comfortable with the police.

And for the record no this is not to get my wife but solely for the protection of my children.

However MIL is my wife's sole way of getting my children to their schools 10 miles away as she doesn't drive, if she puts it in front of a judge what is the likelihood a judge will force a school move 10 miles from me as that is what she wants?

My understanding is the CAO and PS is only a temporary measure until court decides what is true in my wife's statement (about 1%) and then makes a permanent arrangement based on the directions hearing and Cafcass.

I'm worried by having filed this it gives my wife a silver bullet to force through a move.

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Have I shot myself in the foot? 3 weeks 2 days ago #95824

  • Mojo
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It’s really difficult to judge what the outcome might be I’m afraid. It does seem that you may have delivered a fait accompli by trying to exclude the mother in law, as she is the only way the children have of getting to school.

It’s rare for a court to refuse a move, within the jurisdiction and they might view 10miles as acceptable... but we would all just be guessing right now... it’s a suck it and see I’m afraid.

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Not legally trained... just plenty of experience and common sense!

Have I shot myself in the foot? 3 weeks 1 day ago #95843

  • Yoda
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Agreed. Very difficult to guess a judge's decision in any case, but one where the distances aren't that great, is anyone's guess.

At the end of the day, if the MIL is a safeguarding issue, she's a safeguarding issue......

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DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Have I shot myself in the foot? 3 weeks 20 hours ago #95865

That is my argument entirely. Just hoping my argument is a strong one.

I really do think i'm overthinking it, but as with everyone else on here, your children are your world and you worry.

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Have I shot myself in the foot? 3 weeks 18 hours ago #95866

  • Yoda
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You'll feel better when you've had the next hearing. The not knowing is the worst for making you second guess and over think!

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DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Have I shot myself in the foot? 2 weeks 1 day ago #95980

Simple answer was the judge refused to make a judgement on either issue and passed them off to the directions hearing at the end of Feb.

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