Awaiting CAFFCASS and COVID-19 advice

[Carlosdecorator]

Hello,

Thank you for taking the time to read this.

My ex and I currently have an interim order in her favour. She left during covid-19 and the courts said my daughter should stay with her for the interim. I get every other weekend and tuesday and wednesday afternoon for tea.

My ex today has stated that she is going back to work on the 26th May as a nursery nurse working with key workers children. I've said to her that I'd rather have our daughter instead of her going into nursery. My ex has plainly stated that the arrangements we have through court are not changing. Where do I stand with regards to her going back to work and wanting to take our 4 year old and I dont agree with it if I'm freely available?

[lawboy65]

If there is a binding child arrangement order in place, the only way to change that would be to return to court.* This will of course take time and money.

[Carlosdecorator]

Thank you. Do child arrangements tend to go in 50/50?

[lawboy65]

No not necessarily.* All relevant issues are considered but primarily arrangements are made with the child's best interest at the heart of any decision reached.

[Carlosdecorator]

Just an update on the case. CAFCASS did a safegurding report and said that neither of us are a risk to our daughter and that we both should sit down and talk about it before court. We're due in on Monday at the main court building. We had a letter to say that a child has a right to have contact with both parents and that it should not be led by 1 parent. Also that they are giving us 1 hour before the session to mediate. They've claimed the ex's mediation cert is not good enough and that we should do a miam and mediate.

I've put forward shared care 50/50. She had said no to it and hasnt put anything else forward ,but has said she is welcoming a section 7 report that will be ordered on monday if we dont agree anything. She says im having adult conversations with our daughter and my mental health is getting worse. This is absolute rubbish. I'm the applicant and I feel like im the one on trial. I can prove that a lot of what she has said is lies in her statement and that the way shes conducting herself, its having a negative effect on our daughter. On the first hearing monday, whats the likely hood of getting the interium order altered because of the effect on our daughter?