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First Hearing SRO Half of all holidays.

  • comitted dad
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29 Apr 12 #327277 by comitted dad
Topic started by comitted dad
Ive been forced to put in a court order to see my kids, as my Ex has broken the current order (of 6 years) by keeping my elder son (7) from seeing me for the past 6 months, she''s polluted his mind against me and says she cant force him to see me so theres not much she can do, she''s also done all the text book norms by saying im abusive and agressive towards her and that she''s scared of me, when for the past 6 years she''s been bringing both my sons to her local petrol station where i pick them up. she lives in Leicester and I live in london, Ive been doing all the travel there and back myself without any help from her through out all this time, If i ever ask her to do the travel she replies with saying if you dont want to see them dont come, Ive tried every avenue to prevent the court thing but must of done something really bad to end up having an Ex like this, all i ever hear is its in the interest of the boys, when its just her ego that is being worked by giving me the run around.

I would like to know whether all her false allegations will go against me in court, im not into mud slinging and just wanna see my kids for half the holidays and have her do half the travel which i think is fair as I''ve done it all for the past 6 years, would the judge take into account she''s broken the current order, has anyone been in a similar case any help would be very much appreciated.

  • Fiona
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30 Apr 12 #327506 by Fiona
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Longer term false allegations shouldn''t be held against you, although the court can''t ignore allegations of harm to children until they are proven. In the short term the court may treat allegations as though they might be true until the matter has been investigated.

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30 Apr 12 #327539 by Emma8485
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CommittedDad - my partner too was prevented all contact with his daughter for 6 months, and mum alleged all sorts, they were investigated by Cafcass and found not to be true and he was given an order two weeks ago.

You have to hang in there until they can be disproved.

x

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14 May 12 #330452 by missguided
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Wow, what a breath of fresh air!

I am currently arguing with my husband over child arrangements.
I have asked him to have his son for 50% of school holidays and he has said he wont.

Good luck with getting your children for the holidays and with the travel arrangements (i have no experience of this or advice, but sounds reasonable to me)!

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14 May 12 #330462 by comitted dad
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Hey Thanks for the post, I speak to so many like minded people as yourself and have without a doubt picked the shortest straw ever with my EX but hey I only have myself to blame

Quick up date I had my first hearing on the 10th May
Firstly those who are representing them selves while your ex has a lawyer, don''t bother, the Judge won''t listen to you no where as much as the solicitor and don''t know what it is whether theres a back for licking up to the Judge I was very cool calm and collected but really felt that my requests where al falling on deaf ears, it started off well with the judge saying there was no reason for the breach of our current contact order and the child was only 7 years old, at this stage I was like a noting dog thinking thank you someone with sense too, but did i think too fast, after that i requested he do half the travel as i had proved and provided a medical report from my doctor I have a spinal disk injury which prevents me from sitting down for long period of time, his reply was NO its up to the person who wants contact to do the traveling, I couldn''t believe what i was hearing surely its in the interest of our kids that contact is continued and all efforts are made to keep it going.

When asking him how I was meant to prove that the order was being broken , he replied ''I can''t give you legal advise Im the judge in this case!" then he criticised me for not having a lawyer and not knowing the legal fancy terms to address him!!!!

To end to this sagger, I went to collect my boys on the next day Friday and guess what, No son No1 turned up I was told by the other son "mummy told him to get out of the car" so where do I g from here! :S

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