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Did my barrister make a mistake?

  • Angelheart1962
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28 Mar 10 #194852 by Angelheart1962
Topic started by Angelheart1962
I had Final Hearing this week for Leave to Remove from the UK. The judgement will be delivered at court the week after next, but one thing during the hearing bothered me.

I had always said my ex can have the children in the UK for a holiday for as long as he wants in the summer, maybe 2 months, but before we went into court my barrister suggested only 2 weeks in the summer, probably because the longest the kids have ever spent is 10 days staying with their dad before. However, my ex's barrister questioned the CAFCASS officer first and told her this was the proposed plan, and asked if she was shocked by this, to which CAFCASS officer said yes, as I had told HER I would agree to longer. Ex's barrister also questioned me about it when cross examining me, and I didnt like to say it had been my barrister's suggestion, so said I would be happy to agree to longer if thats what the children and ex wanted.

Ex's barrister kept banging on about it, saying I had changed my mind to look good, and to be fair the judge intervened and said she thought the idea may have come from my barrister.

However now I am really quite upset about it because I feel it made me look selfish with the amount of contact I was prepared to give, and also I didnt want the CAFCASS lady to think I had been lying to her by saying I would give generous contact then having something else said in court!

Any thoughts much appreciated as always.

Sorry I have rambled, but I hope you get the gist of what I have said. :blush:

  • Fiona
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28 Mar 10 #194855 by Fiona
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I wouldn't worry about it. It seems the judge had a good measure of what happened - that's all that matters.

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28 Mar 10 #194860 by zonked
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I think for CAFCASS to find your plan 'shocking' is quite something and casts doubt on their orginal recommendation.

  • Angelheart1962
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28 Mar 10 #194867 by Angelheart1962
Reply from Angelheart1962
It wasn't the whole plan she found shocking, just the contact the barrister suggested. The CAFCASS officer was questioned first, so didn't get to hear me say I was happy for much more contact, or the judge's comment.

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28 Mar 10 #194868 by zonked
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Cafcass have apparently recommended you can relocate your ex ptr's children to Australia.

At court they claim to be 'shocked' at the level of contact offered.

As this point is crucial to your LTR application I think it is fair to say it has been undermined in that had the officer had all the facts a different conclusion might, arguably, have been reached. The recommendation is therefore thrown into some doubt.

You offering additional contact to the Judge might as you say be seen as your attempt to, temporarily 'look good'. Against the odds, I think your ex may have a fighting chance.

Just my layman's view.

  • Angelheart1962
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28 Mar 10 #194870 by Angelheart1962
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I think I may have slightly confused you. The CAFCASS officer DID have all the facts. My barrister thought I had been over generous with contact, and suggested I reduce it. I made it obvious in court that I was happy for summer holiday contact to be much longer, but as I gave evidence AFTER the CAFCASS officer, she didn't hear me say that. Anyway, as Fiona said, the judge did pick up that up.
Whether we get permission to go or not, I just want to get it all over with now.

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28 Mar 10 #194880 by Fiona
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There is really no point worrying. The overall circumstances are relevant and the only binding opinion is that of the judge. It's just a question of waiting for the judgment - the proof is in the pudding as they say. ;)Please let us know the outcome.

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