• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Family courts - what a farce!!

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Family courts - what a farce!!

    Kitiara is not a happy bunny today!

    We went to court for the residency hearing for my partners son yesterday ... and lost!

    It was a complete farce and we feel so let down by the (in)justice system. We had a female Judge who before the hearing even started asked to see the legal teams from both sides, she told them that she had already decided what the outcome would be based soley on the new CAFCASS report which was full of holes and inacuracies, which we had tried to ring him about when we received it last week, and he wouldn't return any of our calls - or our solicitors emails / calls either, and that she did not want any witnesses to be spoken to. She wouldn't even ask the CAFCASS officer to explain how he had come to the decision he had or let him be cross examined by either side. To me this makes a mockery of the hearing 2 months ago when the Judge adjourned the hearing as the CAFCASS officer dealing with the case hadn't turned up through illness, the Judge at that hearing said that the case could not be heard as a CAFCASS report must be discussed and the officer cross examined.

    If we had been given the opportunity to present our case, we still might have lost, BUT at least we would have felt like we had had our say. The CAFCASS officer had failed to inform us that a 2nd interview with *L* was to take place, despite several calls with his Mum, and she admitted that she had also had a private meeting with him after he had spoken to *L*, it might not seem much - but it may have thrown some doubt on the decision and caused the Judge to have a re-think.

    What was supposed to be a 2 day hearing was over in less than 2 hours from start to finish, and that included getting the new order drafted and sealed. We have been given joint residency which means *L* will continue to live with his Mum but will "live" with us 3 out of every 4 weekends rather than just "visit". The poor child will have to continue to live with a Mum who abducted him for 5 months to America and leaves him on his own in the house at 10:30 at night, and a Stepfather who has admitted to hitting him twice, the 2 things *L* told CAFCASS scared him the most to the extent he sometimes couldn't concentrate in school ... I really can't understand the logic behind this decision!

    Oh well .... onwards and upwards as the saying goes, we'll just have to make the best of the time we do get with *L* now.

    Thank you to everyone who have helped me through this, you have been great with your advice, and the words of encouragement & support, both on the open forum and in PM have been appreciated.
    Last edited by Kitiara; 19th June 2013, 13:30:PM.
    One life - Live it!
    Tags: None

  • #2
    Re: Family courts - what a farce!!

    Well,,that's just about the biggest crock of crap Ive heard in a long long time!! Can you appeal?????

    Comment


    • #3
      Re: Family courts - what a farce!!

      ........Appeal the decision?
      "Family means that no one gets forgotten or left behind"
      (quote from David Ogden Stiers)

      Comment


      • #4
        Re: Family courts - what a farce!!

        Dreadful decision, so sorry to hear that.

        Comment


        • #5
          Re: Family courts - what a farce!!

          AWW KIT!!!

          That is awful!! can you appeal it?

          That's simply terrible!

          Comment


          • #6
            Re: Family courts - what a farce!!

            We could appeal I guess, but to be honest, we don't really have the finances, this has been ongoing for over 2 years now with PSO's, contact orders and the residency and it's cost us around £16k, I don't think we have the fight left in us either, it's taken it's toll on us emotionally as well as financially. We were hoping to get married this year, but that's had to be put on hold now as we just can't afford it. We asked our Barrister if it was worth appealing, he said we could but our chances were less than 50/50 on winning especially as we would be taking on the decision of a very well respected (!) and reknown Judge, and could drag on for another 6 - 12 months, and cost a further £8k+ which we just don't have. We have had the Order tightened to include a few proviso's, e.g. if she decided to go back to America we automatically get residency of *L*, plus she has been warned by the Judge about leaving him on his own, and being physically chastised as she put it, so hopefully things will settle down and be safer for *L* while he is over there, and as we have now got him for an extra weekend a month, that's an extra few days he is not with them. My partner has also privately warned her that if there is so much as a mark on *L* when he comes over he will want to know why, and if it turns out that her husband has hit *L* again, then the police and social services will be involved, and there is every likelyhood that her husband will be deported back to the US.
            One life - Live it!

            Comment


            • #7
              Re: Family courts - what a farce!!

              Right Missus,,this is what I want you to do.
              Sit down with hubby...have a cuppa or a 'tot' of whatevers your tipple and breathe.
              We all know how much you wanted L to live with you,and vice versa..it hasn't happened YET!.No stuffed shirt in a courtroom should have the right to balls up peoples lives but that's what happens and we have to deal with it.
              You have had some really good provisos put in place,at least you know he can't be spirited away/have a scratch on him.
              All the time this is going on L is getting older and older and his voice will get louder,,we all know he wants to live with you,you know it too and the day will come,sooner rather than later,his voice will be loud enough to be heard and he will be with you.
              Trust me,,I've raised a manchild,Gawd they're hard work when puberty starts (about 10/11)..she will be begging you to take him off her hands.
              You haven't 'lost'.....there's just a delay in the inevitable.
              And you're a credit to all 'step parents'........When he is older I hope you show him all of these threads,so he can see how hard you fought.

              Comment


              • #8
                Re: Family courts - what a farce!!

                Inca ... as always your posts are "that little voice of reason" and I admit it made me cry (seem to have been doing a lot of that over last few days!), but what you say is true and seeing it in "black and white" has made me realise this. *L* will be 12 in 21 months and can then bring his own action against his Mum - our Barrister told us this on Tuesday, so I guess if he still wants to be with us, we at least now have a timescale to work towards. Thank you for your lovely comment about being a credit to "Step parents" that was the bit that made me cry, but also made me sit back, take a deep breath and think "yeah we did our best for him, we kept our promise to him that we would do all we could to make it happen, and we couldn't have done anymore" so once again Inca THANK YOU! THANK YOU! THANK YOU! :hug:
                One life - Live it!

                Comment


                • #9
                  Re: Family courts - what a farce!!

                  Hunny......I only put in writing what many of us are thinking.
                  You and hubby are battle weary at the moment and it's an emotional rollercoaster but please concentrate on the good bits,you get l'il man more.
                  He's 12 in 21 months...that's a drop in the ocean in life.And whose to say he won't insist he wants to live with you and says it,in his own words,to teachers etc (HINT HINT!!)
                  Just love him..that's all he needs..love him unconditionally and the rest will ,eventually,fall into place
                  xxxxx

                  Comment

                  View our Terms and Conditions

                  LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                  If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                  If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                  Working...
                  X