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Final hearing is all over!

  • Emma8485
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17 Apr 12 #324376 by Emma8485
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Well it got a bit complicated there to be honest as the Cafcass report recommended no residence order be made pending a 6 month review because Mum currently cant safeguard her needs to the appropriate standard, but Cafcass were worried about the ffect of a move 160 miles north when he hasnt seen her for 6 months.

Hence now there is a residence hearing on 2nd October, and its written on the order that "if residence changes to Mr xxx then there would need to be a revised contact order issued in the same terms as this one but in favour of Miss xxx"

So we wait and see now, we have to have a further Cafcass report done by 24th September and the court have said it should be the same officer, as she can compare the new position to the old position and inform the court if her care has improved, if not then she has already made the recommendation for residence to change to my partner anyway.

The one thing he is certain of is that if he doesnt achieve a change of residency he will be pursuing shared residence, on the basis of Mum would use that as a weapon and it would be harder to amend in the future. As it stands, even if she remains living with Mum the Cafcass officer felt that no order would be more persuasive to mum improving.....

We shall see!

  • C. J.
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17 Apr 12 #324387 by C. J.
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Hi Emma,

I''m just quering how it all works with regard to SR as my fiance has put in for it. At the moment he has a contact order in place until the next hearing scheduled towards the end of the year, which will be more of a review as to how things have been progressing.

My fiance wants the hearing bought forward for September time purely because the ex won''t agree to alternating Christmas, and it is an issue that he wants sorting sooner rather than later.

The judge seems keen to progress things and does appear to sway more towards my fiance but seems to be appeasing mum at the moment by encouraging her to make baby steps regarding increasing contact etc.

The judge did try to reassure mum that by having a SR order it doesn''t change the way contact works but she''s still dead against it purely for control reasons.

  • Emma8485
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22 Apr 12 #325774 by Emma8485
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Sorry CJ I ddint realise you had posted again on this for some reason!

I think in most cases, unless there are real care concerns anyone who objects to SR orders clarly sees themself as a superior parent to be honest - I do think children are used as weapons, and have now seen first hand evidence of it.

If you look round the forums theree has been quite a lot of detail recently about SR and how effective it is compared to a Contact order, I think one of the main differences is that there isnt any Penal notice attached to one, so I think that enforcement may be harder but I could be wrong.

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25 Apr 12 #326429 by Annie1000
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Hi Emma
thank you for directing me to this detailed and informative post and congratulations on getting what you wanted in the end. I hope it all settles down now and everyone is happy.
I am so proud of my daughter for being so clear sighted about what her grandparents have done.They accuse me of blocking contact to her disabled father when I kept up contact even after they moved him 200 miles away and were abusive when we visited as they did not want me there.( Ex clings onto my hand and begs me to move him back close to us.I am powerless to do anything for him.) She said if they wanted me to see Dad all the time why did they move him so far away? I just hope I can hold it together against their barrister and solicitor, they have played dirty throughout.
I would have been lost without the people on this site who are prepared to share information.
Best of luck again with next stage of your case.

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25 Apr 12 #326596 by Mark100
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Emma

I am pleased for you. You were kind to me when I went through the horrible process. I obviously didn''t get as happy an outcome as you but I do think it will improve. I am happy yours worked out better.

Mark x

  • Emma8485
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09 Oct 12 #359951 by Emma8485
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Hi folks, I have not been on much at all over the summer, we have been off enjoying ourselves, holidays with all the kids etc but felt I should update you as to how our case turned out in the end!

On 2nd October a Shared Resdidency order was granted with a 65/35 split in favour of mum. A Contact order was issued on the same terms exactly, and the judge stated this was because Shared Residency orders can sometimes be hard to enforce and he felt there was the potential for mum to breach the order and wanted dad to have the baility to revert to the court system. He also said however an order was necessary to give us all some respite from the 18 months of legal wrangling.

We did end up back in court once for emergency Directions after mum unilaterally decided to stop contact one weekend, she was told off, and the existing contact order was varied to include an additional holiday period with us, so she spent 4 out of 6 weeks with us this summer which she loved.

Cafcass state that daughter has made massive improvements in her emotional stability, her confidence and her lvoe for her dad and his extended family is evident. There are still care concerns with regards to mum and there are some conditions attached to the order such as undertakings to have medical checks done at the correct times, to involve dad in her schooling and to go on some courses about parenting. She has however improved her daughters care and she is now attending school properly which was one of the biggest concerns.

Overall this was the best result for all at the time, and I''d like to re iterate my thanks to wiki again for all the help and support that I had when asking a million and one questions.

:)

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09 Oct 12 #359952 by MrsMathsisfun
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Thanks for letting us know how things are going.

Glad its all working out xx

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