Live with father

[Masil]

Hi everyone,,

Can someone help me please?

That’s my story

I just had my CAO second hearing today, going for final hearing new month.

Child is a 2 years old boy.

Cascaff has no concerns of both sides

She’s trying to get a live with mother order with PSO.

We since separation, share the time with child equally. One week with me, once week with her.

She has a free attorney due allegation of domestic violence when we live together as I suppose control her life ( social work involved twice due her allegations of my controlling and yet, never proven or anything) ( I’m not a saint but I would never hurt physically or mentally no one)

She works on rota 5 days per week, and study (English at college as we both Brazilian, she doesn’t know much English yet. ) leaving the child with nanny/childminder when she’s not home.
I don’t know what she does on her days off with child.

On her bundle doesn’t have a clear reason why she wants live with mother than PSO accusations for once I took him once without her knowledge due we’re not in touch for Months at the time ( I’ve had travelled with child 14 times on holidays, all the other 13 she knew about). And I keep his passport with me, (she never travelled abroad him child) Looks like all she cares is I stopping taking him abroad for holidays.

I have decided to option for live with me, once I won’t be work during due injury for next 4 months( nothing that can make unfit to take care of child) , and after that I’ll be on benefits as a career of my mother at home.

I also said, that I don’t wanna any kind of restrictions for her, that we have exactly the same rights and responsibilities.
She can always pop in to visit, she can take him all her days off (even the night before bringing child back before she goes to work after her day off)
she also can do random welfare checks, day or night without notice,
Any decision need the other part concern also we both need to inform about holidays in advance ,
split alternate Easter/summer/his birthday/ and Christmas holidays
I don’t wanna take any of child life from her

On my week, we have a routine of going to the park every morning, lunch, nap, playing, watching movies afternoons then shower dinner and bed by 20:00. Is pretty much the same all week, apart going swimming lessons twice week (Monday and Friday) , football Saturday morning, and Sundays we usually have a day out, ( farm, soft play, parks ) this of course when we’re not travelling around.

I tried to be as much impartial as possible on the description above.

I’m afraid because I’ve been representing myself because I’m off work and can’t afford to pay attorney. and to don’t get lives with father cuz I can express myself technically or like an attorney to speak up my points i listed above..
as looks to me, I can provide much more, than she in terms of time to be with him.
I don’t think is child best interest child stays with nanny/childminder when he could be with me, and her whenever she’s free to be with him
. Once I’m the lucky one that can stay with him every day I should be granted lives with right?

Should I pay an attorney?

Any thoughts?

Any help?

What’s my chances of getting live with father order?

[echat11]

Hi Masil

Welcome to LB

Celestine Can you please take a look.

[Celestine]

Hi - welcome to LegalBeagles.

Thanks for describing the situation with your child.

To have got this far without representation, you must have done well and as you mention, CAFCASS have no concerns. I cannot see that bringing a solicitor in at this stage will change the outcome, however you could look at a direct access barrister just to represent you at court. Cost would be anywhere from £2000-6000 approx.

Having one week on, one week off is quite unusual for such a young child and shows you have a settled and consistent approach.

I would predict the court will make a shared care arrangement, possibly slightly in your favour such as 8 nights out of 14. (All CAO contact schedules are 14 night patterns) The court will not wish to alienate either parent and unless there are serious concerns, the court would be reluctant to dramatically reduce or increase either parents time with him.

The allegations of abuse are historical and unproven, but must be partially considered under Practice Direction 12J of the Family Precedure Rules. However as no fact find hearing has been ordered and you're heading to final hearing soon, these are unlikely to have much if any bearing on the outcome. I would strongly recommend working hard on making your ex partner feel safe around you to ensure this allegation does not raise its head again in future proceedings (which could be brought by either party if contact is not working well). Best of luck and come back to us if you need further help.