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Ex postponed case and contacted cafcass!

  • cheshire09
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18 Apr 12 #324770 by cheshire09
Topic started by cheshire09
Hi all,

I currently have a contact order in place where my daughter stays with me 2 nights every other week.

If I fall out with her mother she threatens to stop access. I have been asking for more access for for holidays abroad for 3 years now.

I have applied for a new contact order and the case was to be heard on Friday. I received a letter today from a solicitor acting for her saying that she can not attend on Friday as she has commitments at my daughters school. Which I KNOW are untrue. I contacted the court and they have set a new date for 8th May.

The reason my ex has delayed court is she is worried I will be granted the holiday abroad so she is delaying so she can take her to Disney before I do.

I then got a phone call from Cafcass saying my ex has filed a form C1a stating that I use drugs infront of my daughter, that I emotionally abuse her and she is not shy and scared because of me, that I bad mouth my ex to my daughter, that I am agresssive to my ex and her mother in front of her!!

All of which is completly untrue!
My ex actually physically assulted me last month on my daughters birthday infront of my daughter and about 40 other people. I filled a police report but the police never even got back to me.

My ex talks to my 6 year old about court, about daddy upsetting mummy, cries infront of her, tells her when she is older she will learn how horrible I am. And drinks every single night infront of her!

She also called the police on me last week and my car broke so I text her to say I will be late dropping her back and she said i''m not allowed to be late back and I said I have no option as no car. I was an hour late as had to wait for my partner for her car. She had called the police to say I had run off with her.

I then bumped into them later in the evening and saw my ex''s partner driving erratic with my daughter in the car. I stopped them to discuss this and her partner was threating me infront of my daughter and admitted he had been drink driving!!

I am so scared that the courts will side with her and they will reduce my contact. My daughter could prove my innocence but CAFCASS said they will not be speaking with her, I have also offered to do a drugs test.

Any advice?

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18 Apr 12 #324780 by Joe2020
Reply from Joe2020
Cafcass and the courts arent stupid.
They won''t automatically believe your ex is telling the truth.

I''m really no expert but I assume and hope for Cafcass to take this to the next step they would have to be given some kind of proof that there is some truth to the allegations.
Otherwise mothers like her could just say what they want.

I would pursue the police regards the attack you reported.Make sure they investigate.It will look bad on her.

If Cafcass decide to investigate fully her accusations then you need to inform them of her drinking etc,her partner drink driving etc.Thats what I would do.

Regards the court case for friday.I''m really surprised the court has accepted her reasons to delay till May.What possibly could be so important at school thats more important than a contact hearing.

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18 Apr 12 #324789 by cheshire09
Reply from cheshire09
Thank you for your response.
Cafcass said they will be writing a report and then sending it on to the court. They have not said they will be coming to visit me or need any more information so should I take this as they are not taking the allegations any further?

I did mention the drink driving and assult to them.

Should I also fill in a c1a form?

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18 Apr 12 #324796 by Joe2020
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I wouldn''t fill in a C1A right now.Your ex has already complicated the issue and you could further complicate matters.

Once C1A forms and CAFCASS get involved it could drag on in the courts for months.

I would sit back and wait to see what happens.You might not know the situation until the court hearing.

If Cafcass don''t contact you regards the allegations before court then I don''t know if its a good thing.

It might be when you get to court the allegations against you are brought up by Cafcass and an investigation is ordered by the Judge.

I''m no expert.
You might want to consider using a solicitor or a McKensie friend as things could get complicated.

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