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Ensuring a "fair" hearing for children?????

  • paula1234
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29 Nov 09 #166023 by paula1234
Topic started by paula1234
I have welfare concerns (proven), social services have welfare concerns with ex, children do not want contact and have told ss this.
Judge however at the current point in proceedings seems to think that I am just a contact blocker who is not upholding the fathers rights (his words) - this is before full evidence hearing.
Cafcass are not even scheduled to be involved until after full hearing and if judge decides at that there are "no welfare issues" to be upheld (ex has concocted some very elaborate lies - even my legals have been in hysterics at), would he refuse to ask Cafcass to do a full welfare report? (Girls are 7 and 9).
Prior to court case I always offered supervised contact but this was rejected by ex. Since court application no interim contact has been requested but I was asked by judge about the "proposals I had for contact" - no-one has ever said I had to suggest any before??
All I want is that the girls are safe and happy - and I thought the court process would be fair in establishing that so that they would then make a decision on what they find. The judges attitude so far leaves me worried that he simply sees me as hostile and that the childrens welfare is going to be overlooked in his eventual decision?
What can I do?

  • mrmister
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29 Nov 09 #166085 by mrmister
Reply from mrmister
Sorry to hear this Paula.

I would demonstrate to the judge your willingness to compromise and put the needs of the children first.

Perhaps by starting small/defined contact. It may be better to do this than "be seen" by the judge to block contact as you have already said yourself!

You may be wise to suggest possible contact than none at all. Perhaps a few hours? Starting small and showing the judge that you are willing to have this reviewed.

Have you got anything in writing from social services to support your case? I too have welfare issues over my daughter, I felt like you that these were being ignored by the judge.

  • paula1234
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29 Nov 09 #166093 by paula1234
Reply from paula1234
It's scary to think the children's welfare may be overlooked.
Have comprehensive social services report thank goodness which I really cannot see how it can be ignored. Eldest describes witnessing DV to me and also states what happened to them and a desire for no contact.
Before court proceedings, supervised contact was offered but as I said - it was rejected. Now as the girls are, as SS say, more "emotionally settled" because of a long period of no contact at all, it's a difficult one because I don't want to rock that boat.
BUT no-one said anything about me having to put proposals forward before now - I thought this would be something we did when Cafcass got involved - to look at a way forward following a full welfare report.

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