Tweet
Hello all,
I have been primary carer for my children for the last 5 years putting my entire life and career on hold for the benefit of my wife's career. In October I began divorce proceedings against her, we agreed it was for the best and we started mediation
It became clear to her recently regarding the courts likely positioning in regards my rights as primary carer to our three children (aged 3, 7 and 11), and the courts would likely lean in my favour in terms of custody.
In addition, due to the amount of spousal and child maintenance she would be required to pay until I became financially independent again, as well as some additional complicated financial matters, she has compiled a massive list of baseless allegations of abuse and successfully met the criteria for the serving of the without notice Non Molestation and prohibited steps order issued four days ago (Mon 28th Jan). I am reeling from this.
The allegations are insane, out of context text exchanges, allegations of ridiculous abuse towards our children eg; 'me shouting at our oldest for going on his iPad when i'd told him not to, she's claiming I threw him across his bedroom. God forbid the children are ever asked, they will obvisouly deny these allegations, But she has got this through the court and I have had my children taken away.
I have no money to pay for financial assistance, no job currently and very low earning capacity, she has all the money and has hired the best solicitors and barristers in the Manchester area. She has really done a number on me.
The allegations are easily disproved, I have the full text conversations (which resulted in the police action kicking off the without notice order) proving she has omitted elements to make them appear out of context (this is blatant) and there is no evidence of the 4 allegations of physical abuse and the allegations about the children (of which there are only 3) are ridiculous.
She is also claiming drug use (I did used to smoke Cannabis and is on my medical records as I sought help to get off it) however I ceased use of it over a year ago. For these reasons she is restricting my contact to 1 day a week supervised contact with 2 video calls. She wants me out of hers and my children life and it trying to destroy my relationship with my children whom I have brought up almost entirely by myself.
My priority is getting my children back and maintaining the status quo in terms of their childcare.
I could take Undertakings and deal only with the prohibited steps order and children's act hearing, however I feel I must disprove these allegations. If I contest this however, I am aware it could be months before get my children back. Months in the life of my 3 year old son is like years to him in terms of my relationship with him.
I know this is a common story but I was wondering if anyone can give some insight into the following questions as there is no information as to these processes on any government websites.
At the initial hearing (which is 30mins), can I provide any evidence (other than just a statement) to try and get this dismissed outright?
If I contest this, how long does it generally take before the 2nd hearing?
Can anyone give any insight into the process from beginning to end?
And finally, in general, best case scenario, how long could it take to get my children back?
Many thanks in advance for any assistance!
Alan
I have been primary carer for my children for the last 5 years putting my entire life and career on hold for the benefit of my wife's career. In October I began divorce proceedings against her, we agreed it was for the best and we started mediation
It became clear to her recently regarding the courts likely positioning in regards my rights as primary carer to our three children (aged 3, 7 and 11), and the courts would likely lean in my favour in terms of custody.
In addition, due to the amount of spousal and child maintenance she would be required to pay until I became financially independent again, as well as some additional complicated financial matters, she has compiled a massive list of baseless allegations of abuse and successfully met the criteria for the serving of the without notice Non Molestation and prohibited steps order issued four days ago (Mon 28th Jan). I am reeling from this.
The allegations are insane, out of context text exchanges, allegations of ridiculous abuse towards our children eg; 'me shouting at our oldest for going on his iPad when i'd told him not to, she's claiming I threw him across his bedroom. God forbid the children are ever asked, they will obvisouly deny these allegations, But she has got this through the court and I have had my children taken away.
I have no money to pay for financial assistance, no job currently and very low earning capacity, she has all the money and has hired the best solicitors and barristers in the Manchester area. She has really done a number on me.
The allegations are easily disproved, I have the full text conversations (which resulted in the police action kicking off the without notice order) proving she has omitted elements to make them appear out of context (this is blatant) and there is no evidence of the 4 allegations of physical abuse and the allegations about the children (of which there are only 3) are ridiculous.
She is also claiming drug use (I did used to smoke Cannabis and is on my medical records as I sought help to get off it) however I ceased use of it over a year ago. For these reasons she is restricting my contact to 1 day a week supervised contact with 2 video calls. She wants me out of hers and my children life and it trying to destroy my relationship with my children whom I have brought up almost entirely by myself.
My priority is getting my children back and maintaining the status quo in terms of their childcare.
I could take Undertakings and deal only with the prohibited steps order and children's act hearing, however I feel I must disprove these allegations. If I contest this however, I am aware it could be months before get my children back. Months in the life of my 3 year old son is like years to him in terms of my relationship with him.
I know this is a common story but I was wondering if anyone can give some insight into the following questions as there is no information as to these processes on any government websites.
At the initial hearing (which is 30mins), can I provide any evidence (other than just a statement) to try and get this dismissed outright?
If I contest this, how long does it generally take before the 2nd hearing?
Can anyone give any insight into the process from beginning to end?
And finally, in general, best case scenario, how long could it take to get my children back?
Many thanks in advance for any assistance!
Alan
Comment