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Using old court papers

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  • Using old court papers

    Hello! We are in a court battle with our daughter and son in law who have stopped us seeing our granddaughter. Our daughter and her partner split up over 10 years ago when our grandson was a baby. A couple of years after her ex went through the courts to gain access to his son. We supported our daughter and she allowed us to see the court papers. She had made a statement which accused her ex of violence towards her and CAFCASS also made a very negative report about her ex which pointed out his controlling behaviour. We have copies of this paperwork still. Her ex gave up with contact and disappeared from all our lives. However, a couple of years ago out of the blue our daughter started another relationship with her ex and as a result we have all fallen out and they have stopped us seeing our grandauggter. We were advised by solicitors not to bring up the old court papers we have from previously but were not told why. We want to know if we would get into legal trouble if we did use these old court papers and if so, why? Thank you
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  • #2
    Hi Me1960,
    Sorry your post had passed by. Family matters particularly Children Act applications are private law matters so unless you are a party to the proceedings or asked to provide a report for the Court or some such no-one else should have details of previous proceedings and should not have seen reports such as the CAFCASS report that was provided to the Court at that time.
    If you raise issues that came out at the last application then you could get your daughter into trouble for having discussed matters and disclosed reports to you that were part of the proceedings at that time.
    If you were witness to previous violence against your daughter that of course could be mentioned in statements in these proceedings, however that was some time ago and the Court would take little notice unless there are more recent witnessed events that have taken place.
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