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[Solved] Better late than never ...


Posts: 21
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Topic starter
(@togdad)
Eminent Member
Joined: 13 years ago

I've posted 2 or 3 times and thought it might be an idea to introduce myself. I've come late to this forum, I would have found it invaluable in the early days.

I separated from my "soon-to-be-but-not-soon-enough"-ex in August when she took my two girls away on holiday without me the day before we were scheduled to leave. We'd had a row, which with hindsight I see as being orchestrated by her, and she used this row as justification for her leaving without me. I subsequently found out that she had already had legal advice and had said to people that she didn't want to go on holiday with me, so I'm pretty convinced that she had it planned all along.

I was absolutely devastated when she took my girls away. I am very close to them and have very strong relationships with both of them, mostly because I'ma very hands on dad but also because I've always worked from home, and for the past couple of years, not worked much at all for various reasons so I've been there with the family. I do not know of any couple who spent more time with their children than we did.

When she came back from holiday, she told me that she wanted a divorce and refused to talk about anything, her response to me was always "talk to your solicitor."

Since the separation I've been constantly and falsely accused of domestic violence - thankfully nothing physical or sexual - just emotional, being angry and aggressive etc. She demanded that I leave the family home which, as all the advice I'd heard was clear to not move out, I refused to do. She then took the kids moved out of the house into her parents. She's used the allegation of DV to justify a non-molestation order and an occupation order to force me out of the house. I have ADD and she said, completely without foundation, that this meant that I was incapable of looking after my girls. Because of this, my solicitors advised that no judge would find in my favour over my occupation order without a psychological report (costing £4,000, split between us). Bad luck (a free date in the judges diary much earlier than would normally be expected) and dirty tricks on her side (persistently objecting to any psychologist we proposed) meant that we had our hearing before any report could be done. I subsequently had to concede the occupation order if she dropped the non-molestation order, which she did. Despite this, I was order to pay her barrister's & a couple of hours solicitor's costs - best part of £2,000.

I was given 3 weeks to move out and find somewhere to live. I was homeless for a week (not on the street, but worrying enough all the same, just before Xmas rental properties were drying up.) The psychologist did his report which came back glowingly in my favour.

I've had regular contact with my girls, but she's controlled the when and how long for since the start, and for a time that all contact had to be supervised. She's refused to let my girls stay over night with me, and even now is only proposing one night a fortnight.

Throughout this, I have remained calm and as reasonable as I can. Things moved a little in my last week when in a review hearing, it was agreed that we didn't need a CAFCASS report (my psychologist report top trumps CAFCASS) and that our scheduled interim hearing should actually be a final hearing, thus shortening the timeframe but at least 3 months.

So, to here and now. I've got my final hearing tomorrow. I'm seeking shared care, and shared residency on a 50:50 split. She's wanting sole residency, sole parental responsibility and minimal contact. My legal fees are about £20-25,000 to date, hers are about the same, if not more. None of that matters though, all that matters is the decision of the judge tomorrow.

10 Replies
10 Replies
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(@dad-i-d)
Joined: 14 years ago

Noble Member
Posts: 1306

Good luck for tomorrow.

Sounds like you have a sound stable view and mindset....keep it that way and stay the bigger person in all this.

she will unravel eventually...the ones who make up things always do!

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Good luck for tomorrow 🙂

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(@emdad99)
Joined: 12 years ago

Active Member
Posts: 12

Good luck for the next day you are going to face.

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(@togdad)
Joined: 13 years ago

Eminent Member
Posts: 21

Thanks all. Friday went well, my barrister said that I couldn't have done any better giving evidence, while in turn I thought my barrister was excellent. The only downside is that because a 15 minute hearing before ours over ran, we didn't get time for summaries and so will have to have written submissions and wait for a written judgement. That's all going to take at least four weeks. 🙁

One good thing to come out of it though is that I have, at last been allowed to have my girls stay overnight. They came and stayed over on Saturday and it was fantastic to put them to bed and be with them in the morning again. 🙂

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(@dad-i-d)
Joined: 14 years ago

Noble Member
Posts: 1306

🙂 great result and that's awesome that you had your kids over ...... really pleased to hear of something going well for a father for once 🙂

hope it all continues going well for you.

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(@togdad)
Joined: 13 years ago

Eminent Member
Posts: 21

I'm wary of saying anything more until we receive the judgement, but no matter what the judge decides, it's still going to be a very long and hard road ahead. Still, every journey of a thousand miles starts with a single step.

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

...Thats fantastic news! You and your girls must be over the moon 🙂

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(@Super Mario)
Joined: 16 years ago

Noble Member
Posts: 1621

That sounds like a good news story - please be sure to let us know the final verdict.

Oh and feel free to help others in a similar situation to yourself - there are usually loads of dads needing advice

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(@togdad)
Joined: 13 years ago

Eminent Member
Posts: 21

Thanks, and I will. 🙂

Judgement hearing has been set for Monday 12th Feb, so not long to wait now and nothing I can do except worry! :boohoo:

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(@Goonerplum)
Joined: 15 years ago

Noble Member
Posts: 1855

We got our fingers and toes crossed for you.

gooner

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