Child custody dispute

[Openlaw15]

Re: Child custody dispute

My daughter already has a court appointed guardian and a solicitor and they have both seen how unhappy she is in her dads house. They are giving my daughter the opportunity to speak with the judge on the morning of the hearing.
Do I ask for the hearing of domestic abuse now, or at the 30th August hearing? Thank you so much for your help !!

Even if they stopped all contact with your daughter, your daughter can make an application for contact indirectly, ie probably though 'supervised contact'. See above paragraph 39, at 12J. http://www.justice.gov.uk/courts/pro...art_12j#para24

This is serious Daisy! Look at all the provisions above it's like a legal practice minefield - you need a lawyer to make sure these things/ provisions are covered for your benefit/ answered. Even if you got a legal aid lawyer and they're not very good, I/ we (other legalbeagles) could tell you what you say to make sure yours rights are protected (due process), as supposed to denying you your rights (undue process). I have only done a law degree and have never practiced in my life, but I am a lateral thinker (been told I think differently in a positive way, to other people) so if am asking questions so should a legal professional.

[Openlaw15]

Re: Child custody dispute

My daughter already has a court appointed guardian and a solicitor and they have both seen how unhappy she is in her dads house. They are giving my daughter the opportunity to speak with the judge on the morning of the hearing.
Do I ask for the hearing of domestic abuse now, or at the 30th August hearing? Thank you so much for your help !!

39, at 12J

"Where the court does not consider direct contact to be appropriate, it shall consider whether it is safe and beneficial for the child to make an order for indirect contact."

The reasons of the Court

40, at 12J

"In its judgment or reasons the court should always make clear how its findings on the issue of domestic violence or abuse have influenced its decision on the issue of arrangements for the child. In particular, where the court has found domestic violence or abuse proved but nonetheless makes an order which results in the child having future contact with the perpetrator of domestic violence or abuse, the court should always explain, whether by way of reference to the welfare check-list the factors in paragraphs 36 and 37 or otherwise, why it takes the view that the order which it has made is safe and beneficial for the child."

This Practice Direction is issued by the President of the Family Division, as the nominee of the Lord Chief Justice, with the agreement of the Lord Chancellor."

[Openlaw15]

Re: Child custody dispute

My daughter already has a court appointed guardian and a solicitor and they have both seen how unhappy she is in her dads house. They are giving my daughter the opportunity to speak with the judge on the morning of the hearing.
Do I ask for the hearing of domestic abuse now, or at the 30th August hearing? Thank you so much for your help !!

12J continues....

Factors to be taken into account when determining whether to make child arrangements orders in all cases where domestic violence or abuse has occurred

35, 12J:

"When deciding the issue of child arrangements the court should ensure that any order for contact will be safe and in the best interests of the child."

"36, 12J.

In the light of any findings of fact the court should apply the individual matters in the welfare checklist with reference to those findings; in particular, where relevant findings of domestic violence or abuse have been made, the court should in every case consider any harm which the child and the parent with whom the child is living has suffered as a consequence of that violence or abuse, and any harm which the child and the parent with whom the child is living, is at risk of suffering if a child arrangements order is made."

"The court should only make an order for contact if it can be satisfied that the physical and emotional safety of the child and the parent with whom the child is living can, as far as possible, be secured before during and after contact, and that the parent with whom the child is living will not be subjected to further controlling or coercive behaviour by the other parent."


"Directions as to how contact is to proceed

38, 12J

"Where the court has made findings of domestic violence or abuse but, having applied the welfare checklist, nonetheless considers that direct contact is safe and beneficial for the child, the court should consider what, if any, directions or conditions are required to enable the order to be carried into effect and in particular should consider –

(a) whether or not contact should be supervised, and if so, where and by whom;

(b) whether to impose any conditions to be complied with by the party in whose favour the order for contact has been made and if so, the nature of those conditions, for example by way of seeking intervention (subject to any necessary consent);

(c) whether such contact should be for a specified period or should contain provisions which are to have effect for a specified period; and

(d) whether it will be necessary, in the child's best interests, to review the operation of the order; if so the court should set a date for the review consistent with the timetable for the child, and shall give directions to ensure that at the review the court has full information about the operation of the order."

[Openlaw15]

Re: Child custody dispute

My daughter already has a court appointed guardian and a solicitor and they have both seen how unhappy she is in her dads house. They are giving my daughter the opportunity to speak with the judge on the morning of the hearing.
Do I ask for the hearing of domestic abuse now, or at the 30th August hearing? Thank you so much for your help !!

Daisy,

Speaking to the judge on the day of the hearing does not seem adequate - this should be done well before that, just as the lawyers etc will have decided the questions asked before that. In my view, your daughter should be permitted to make a statement with the help of her guardian/ solicitor and not have to rely on her 12 year old memory on the main day in question.

It seem to me like they're rushing everything the fact they said to you 'don't abuse your child' on the recent terms suggest there is a presumption you're viewed as a 'domestic abuser' without even a finding of fact hearing for domestic abuse.

[Openlaw15]

Re: Child custody dispute

My daughter already has a court appointed guardian and a solicitor and they have both seen how unhappy she is in her dads house. They are giving my daughter the opportunity to speak with the judge on the morning of the hearing.
Do I ask for the hearing of domestic abuse now, or at the 30th August hearing? Thank you so much for your help !!

Daisy

If there were serious concerns they would have an interim order ie a temporary order that keeps M under her father's care or stops you having any contact or monitored supervised contact. The fact you have access to M without supervision indicates there's either no interim order or not supervised contact, so this is also good for you.

[Openlaw15]

Re: Child custody dispute

My daughter already has a court appointed guardian and a solicitor and they have both seen how unhappy she is in her dads house. They are giving my daughter the opportunity to speak with the judge on the morning of the hearing.
Do I ask for the hearing of domestic abuse now, or at the 30th August hearing? Thank you so much for your help !!

Daisy,

Click on 'CAP' flow chart (pdf), either open it up or safe to your computer. The flow chart diagram shows the process from 1) initial hearing - 2) domestic abuse hearing - to 3), final hearing. http://www.familylawweek.co.uk/site.aspx?i=dl129058

My advice is ask the CAFCASS officer about the process for hearing the domestic abuse. If they say there won't be one, at that point is when you say you want one under 12J, as above. The flow chart shows you what should happen under procedure. Otherwise it seems likely you'll be labelled 'domestic abuser'..which will have a negative bearing on you on the final hearing, ie having a right to see your own daughter. It's brilliant that your daughter has a guardian, too.

[Crazy council]

Re: Child custody dispute

At the moment, i woud just make sure they compleate the report before court but try not to push things. What [MENTION=87380]Diana M[/MENTION] said

If there's no supervision there must be no concern that you will harm her.

Really show something. If there was ANY doubt by them at this stage, that would not have happened yet

[Openlaw15]

Re: Child custody dispute

My daughter is due back today for 9 days without supervision. She is also due back to me at the start of the school term (to live with me again) Untill a further hearing beginning of October. I'm running around like a headless chicken. I don't know what to do for the best. Also she's 12 years old. Surely they won't make her live there if she doesn't want to??

Daisy, we need to get you legal representation as that solicitor's section 37 report could be damaging to you. You need legal aid for court representation. Does your ex partner have a lawyer? Keep us updated about the legal aid.

[Daisyberwick]

Re: Child custody dispute

My daughter already has a court appointed guardian and a solicitor and they have both seen how unhappy she is in her dads house. They are giving my daughter the opportunity to speak with the judge on the morning of the hearing.
Do I ask for the hearing of domestic abuse now, or at the 30th August hearing? Thank you so much for your help !!

[Crazy council]

Re: Child custody dispute

Hi [MENTION=88892]Daisyberwick[/MENTION]

As you have worked out, your really in the midway of all the authorities looking at whats been admitted. Best advice, is try not to argue with the people doing the report, however much the things there considering make you mad ( my mistake ). There main concern will be no ongoing danger. And that any problems you had that may have contributed to any moods or anger, is getting dealt with. Be carfull what you say, explain to the kid, becuase what can seem as good intentions and parenting, can be seen from the other side, as you trying to control things ( again, my mistake )

[Diana M]

Re: Child custody dispute

My daughter is due back today for 9 days without supervision.

That sounds like good news to me

If there's no supervision there must be no concern that you will harm her.

Like me you're quite rightly protective of your daughter so you feel miserable if you think she's feeling miserable at her Dad's place.

So who's looking out for you through all this? Do you have any family members who can come round to help with the daily chores etc?

Di

[Openlaw15]

Re: Child custody dispute

My daughter is due back today for 9 days without supervision. She is also due back to me at the start of the school term (to live with me again) Untill a further hearing beginning of October. I'm running around like a headless chicken. I don't know what to do for the best. Also she's 12 years old. Surely they won't make her live there if she doesn't want to??

Daisy, you can't be that bigger threat to your daughter can you, if you're permitted unsupervised contact with her for over a week. In future, learn to control your emotions. Be on your best behaviour from now on. She is only a little girl and is full of energy. If she acts up, do not even shout at her (if you can help it). Do not give the courts a foot or they'll take a mile. In my view, get some counselling (if you don't already), as your internal problems ie domestic abuse you suffered during the marriage or something else, are causing you to act out of control. A reasonable parent does not hit their children, so the fact you did indicated you require parent classes.

[Openlaw15]

Re: Child custody dispute

Ok so the fact finding hearing is on 30th August. The section 37 is being done now in time for the next hearing. I've tried so hard to get a solicitor, but simply cannot afford one. I've contacted the McKenzie Friends but no one has called me back. They have no evidence and I haven't been charged with anything yet.

Daisy, brilliant news that the Fact Finding Hearing is 30 August 2016. You're still well in time to prepare. Do not go in like a lamb to the slaughter! You're going to ask for a hearing for 'domestic abuse' to prove the allegations against you. This is only a civil order, ie not criminal so no one will be charging you. It's just to see whether 'domestic abuse' allegations can be proven. From this point onwards, do not admit to any domestic abuse allegations from now on, except what they already know. If you've said something once but then change your story, they'll say you're not credible as a witness so you can't be believed. So, be careful! Let them prove anything else, ie 'emotional abuse.' Then if there's no proof of domestic abuse overall, you can move on to the next part of the Child Contact process. You daughter could also be provided with a lawyer (guardian), as they may ask her some unfair questions. But the procedure is the questions must be "properly put" to both you, and your daughter.

[Daisyberwick]

Re: Child custody dispute

My daughter is due back today for 9 days without supervision. She is also due back to me at the start of the school term (to live with me again) Untill a further hearing beginning of October. I'm running around like a headless chicken. I don't know what to do for the best. Also she's 12 years old. Surely they won't make her live there if she doesn't want to??

[Daisyberwick]

Re: Child custody dispute

Ok so the fact finding hearing is on 30th August. The section 37 is being done now in time for the next hearing. I've tried so hard to get a solicitor, but simply cannot afford one. I've contacted the McKenzie Friends but no one has called me back. They have no evidence and I haven't been charged with anything yet.