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First hearing due, what access should I expect?

  • codfanglers
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12 Jun 10 #208772 by codfanglers
Topic started by codfanglers
Hi All

I've posted on this very helpful forum previously regarding my situation, thank you to all who've offered advise so far, its greatly appreciated.

I have changed solicitor and should get court date very soon for contact hearing, my question is....

My solicitor advised that if mum is going to be 'crafty' she may only offer contact at a contact centre.

Since separation I have normally had the children fri-sun every other weekend, apart from when mum has stopped this (not bore you with the details, apart from to say the childrens welfare and safety has never been an issue when in my care)

So, on the initial hearing will the judge and CAFCASS rep want to keep things status quo for the children, or will they allow their mum to offer limited contact at contact centre?

On a side note, I should have had the children this weekend but received a solicitors letter Thursday stating that "due to my unreasonable behaviour contact will cease until court" Mum hasn't made an application to court and at the time of the letter they hadn't received instructions of my court application. Also there is no documentation of my 'unreasonable behaviour' (I dont know what it is!) I have asked mum what this alleged behaviour is but will not say, she has hinted my daughter (5) has wrote something that is very sad, but will not tell me what it is

thank you for reading, and thank you for any advise

  • NikkiD
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12 Jun 10 #208817 by NikkiD
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Seeing as you have had your children from a Friday to Sunday, the Courts will see that as an established routine and will be keen for that to continue, so don't worry. It's extremely unlikely that the Court would order contact to be at a contact centre, unless mum could PROVE that the children were unsafe whilst with you.

Mum may well try and be crafty, but the Courts are used to that, so will soon see through her. Just remember that your children have the right to substantial and regular contact with you. You'll most likely be granted alternate weekends, half of school holidays and alternate christmases and birthdays, so look at Court as something positive for you and your children.

  • rejji
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07 Dec 10 #238695 by rejji
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I have recently been through the first access hearing. This after 9 months of trying to get things sorted without resorting to court. My ex partner made several claims which changed and advanced throughout this period. At the time of the hearing more claims were given verbally, which I'm glad to say were ignored in court. Other claims have now been proven false, and I await court next week for the second hearing where this evidence will be presented.

However, the point here is that the resident parent can be crafty. Any claims regardless of lack of evidence need to be disproved prior to access being given at any level. The judge told me that I would need to 'jump through hoops' 'disprove the mothers allegations' and 'satisfy the court that I'm a decent person, suitable to look after and care for my child'.

All this was after I'd spent most of his early life with him, then weekends when she could be bothered to attend a contact centre, as I was no longer allowed to take him due to the unfounded allegations.

In a nutshell - if the resident parent dislikes the other so much they can use the child as a weapon. The court will take the resident parents side until you can prove you are not what you are being accused of. This is a long and drawn out process, and if crafty allegations are made to delay things, then CAFCASS (who take an age to sort things currently) get involved, but at this point regardsless of craftiness you will see your child/chrildren albeit in a contact centre.

You can then expect a 3-4 month wait for the 2nd hearing whereby things can and should be sorted, and you can expect fortnightly access at worse. It all depends on the resident parent, as they really do have the final say.

Be aware though, even if the court award you generous access the resident parent has to abide by this, and nothing can be done if they choose not to. You will be in and out of court for the foreseeable future.

  • Timeoutson
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17 Apr 15 #459924 by Timeoutson
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What chance do I have to see my children it seems none. I am sorry for your troubles.

  • rubytuesday
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17 Apr 15 #459925 by rubytuesday
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Hi Timeoutson, Welcome to Wikivorce.

You would be better starting your own thread and telling us a bit about yourself, and what you would like some help with.

This thread is over 4 years old, and I doubt that any of the pervious posters will still be active.

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