Child custody dispute

[Daisyberwick]

Re: Child custody dispute

I have given them a letter from my psychiatric nurse stating that I suffered mental/emotional abuse and some other information from the psychiatric team.

Can you tell me if you can appeal a Child Arrangement Order??

[Openlaw15]

Re: Child custody dispute

I have given them a letter from my psychiatric nurse stating that I suffered mental/emotional abuse and some other information from the psychiatric team.

Can you tell me if you can appeal a Child Arrangement Order??

You could possibly appeal the decision. Has the Child Arrangement Order gone in favour of your ex husband? There is usually a time limit though. What does it actually say on the judgement Order? Was the letter from the psychiatric nurse in with the bundle of documents to the court. Who was representing you at this time?

[Daisyberwick]

Re: Child custody dispute

I'm not being represented at all. The letter is just confirming that I suffered emotional abuse during and since my marriage. A solicitor has had this letter along with a care plan and some other details of my mental illness which they have said is 'low mood'. The arrangement order was made on the 28th July for my daughter to reside with her dad in Kent for the rest of the summer holidays, but to spend 11 days with me from the 12th. CAFCASS have visited my daughter at her dads to see how she's getting on and have confirmed to me that she is extremely unhappy. She is due back to me for 11 days on Fruday and I don't want her to have to go back. Is there anything I can do to stop her going back? Can I appeal?

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Sorry 9 days 12th -21st

[Openlaw15]

Re: Child custody dispute

You could possibly appeal the decision. Has the Child Arrangement Order gone in favour of your ex husband? There is usually a time limit though. What does it actually say on the judgement Order? Was the letter from the psychiatric nurse in with the bundle of documents to the court. Who was representing you at this time?

If it was a decision by District judge (including a 3 member Magistrates), it requires permission to appeal: paragraph 4.1. of Family Procedure Rules Practice Direction (FPR PD) 30A. See https://www.justice.gov.uk/courts/pr...t_30a#IDAKKDDC The appeal from District judge could be to a family court circuit judge: paragraph 2.1, FPR PD Part 30A (see Routes of Appeal). You can appeal on a point of fact finding, or a point of law: at paragraph 2.1, FPR PD 30A. So, in your case, Daisy you'd probably be appealing on a point of fact, ie you disagree with the social worker's section 37 content. You may possibly appeal on a point of law, ie the law wasn't applied in your situation fairly.

[Openlaw15]

Re: Child custody dispute

I'm not being represented at all. The letter is just confirming that I suffered emotional abuse during and since my marriage. A solicitor has had this letter along with a care plan and some other details of my mental illness which they have said is 'low mood'. The arrangement order was made on the 28th July for my daughter to reside with her dad in Kent for the rest of the summer holidays, but to spend 11 days with me from the 12th. CAFCASS have visited my daughter at her dads to see how she's getting on and have confirmed to me that she is extremely unhappy. She is due back to me for 11 days on Fruday and I don't want her to have to go back. Is there anything I can do to stop her going back? Can I appeal?

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Sorry 9 days 12th -21st

There is a 21 day time limit to appeal, I believe. So you're in time. Daisy, normally her dad has the right to an interest in his daughter's life unless her welfare with him causes a problem. Do you want to show me the main things the order says? Can you copy and paste it... or type out the main things the judge said.

[Daisyberwick]

Re: Child custody dispute

Hi. I've since heard that appeals are costly and I am on benefits. I have taken screen shots of the arrangement order, but don't know how to attach them here.

[Openlaw15]

Re: Child custody dispute

Hi. I've since heard that appeals are costly and I am on benefits. I have taken screen shots of the arrangement order, but don't know how to attach them here.

If you're on income-related benefits like income support, income-related JSA or income ESA, etc, then your court applications should be free: You will have to complete this form, I believe. https://www.gov.uk/government/upload.../ex160-eng.pdf You can print it off and complete it. Call the court staff and ask them what Family Procedure Rule form you have to complete to appeal.

[Diana M]

Re: Child custody dispute

I'm not being represented at all. The letter is just confirming that I suffered emotional abuse during and since my marriage. A solicitor has had this letter along with a care plan and some other details of my mental illness which they have said is 'low mood'. The arrangement order was made on the 28th July for my daughter to reside with her dad in Kent for the rest of the summer holidays, but to spend 11 days with me from the 12th. CAFCASS have visited my daughter at her dads to see how she's getting on and have confirmed to me that she is extremely unhappy. She is due back to me for 11 days on Fruday and I don't want her to have to go back. Is there anything I can do to stop her going back? Can I appeal?

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Sorry 9 days 12th -21st

Does the Order say where your daughter will reside at the end of the summer holidays?

She'll be home in a couple of days

Why not ring the solicitor again. Maybe the delay is because they're applying for Legal Aid for you but haven't had a response yet. Did they say they would make an application on your behalf? Were you asked to provide the firm with your financial details?

Di

[Openlaw15]

Re: Child custody dispute

Hi. I've since heard that appeals are costly and I am on benefits. I have taken screen shots of the arrangement order, but don't know how to attach them here.

Daisy, you should have had a solicitor helping you with a Child Arrangement Order. Appeals are only going to be successful if there is a strong chance of winning. You haven't left much time now for a solicitor. It was hard to tell at what stage you were in the process or what type of family law situation it was. It was hard to tell if it was a care order or Child Arrangement Order so it was difficult direct or give you guidance. Had we have known what type of assistance you need we could have helped you more. I didn't know for example that you lost your case of Child Arrangement Order, or the judgement wasn't pleasing to you. It was rather a complex issue. I don't even know whether a solicitor would take this on now, as they will only do appeal if they're likely to be successful.

[Openlaw15]

Re: Child custody dispute

Does the Order say where your daughter will reside at the end of the summer holidays?

She'll be home in a couple of days

Why not ring the solicitor again. Maybe the delay is because they're applying for Legal Aid for you but haven't had a response yet. Did they say they would make an application on your behalf? Were you asked to provide the firm with your financial details?

Di

Di, Daisy is saying she has had the Child Contact Order judgement, and she wants to appeal it. She says that she hasn't had a legal representative throughout, besides, I think she's saying, there are still applications for legal aid. It seems she may have been denied access to justice.

[Openlaw15]

Re: Child custody dispute

I'm not being represented at all. The letter is just confirming that I suffered emotional abuse during and since my marriage. A solicitor has had this letter along with a care plan and some other details of my mental illness which they have said is 'low mood'. The arrangement order was made on the 28th July for my daughter to reside with her dad in Kent for the rest of the summer holidays, but to spend 11 days with me from the 12th. CAFCASS have visited my daughter at her dads to see how she's getting on and have confirmed to me that she is extremely unhappy. She is due back to me for 11 days on Fruday and I don't want her to have to go back. Is there anything I can do to stop her going back? Can I appeal?

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Sorry 9 days 12th -21st

Daisy, according to 28 July 2016's Child Arrangement Order/ judgement, what type of contact/ custody do you have with your daughter. Is it supervised contact/ visitation? Does the father have the main custody of her throughout the year, is this what you're saying. You're just not being clear. Who is your daughter going to live with mainly is my question.

[Diana M]

Re: Child custody dispute

Di, Daisy is saying she has had the Child Contact Order judgement, and she wants to appeal it. She says that she hasn't had a legal representative throughout, besides, I think she's saying, there are still applications for legal aid.

I know that. I've been reading her posts

I can also see that she believes the Order only says her daughter should reside with her father until the end of the school holidays. What happens after that was my question.

Unless an emergency application is made it's unlikely an appeal would be heard before the end of the school holidays depending on what date the next school term starts.

Di

[Crazy council]

Re: Child custody dispute

Hi @Daisyberwick

Hi, i have been through some of what you're going through back in 2009

Firstly, there no point and its the wrong stage to appeal any order, at the moment, it will be a temporary order whilst things get sorted out. Its sort of a risk free option for all involved, because its the summer holidays and wont affect her schooling. At them mo, your better following along with teh social workers/caffcass.

Some advice from a parent, whos been there, and was caught out by the situation for a while

Your daughter ( i have three, 14yo, 22 and 23 )

At twelve to 16, be very carfull that shes not telling one parent one thing, and the other, something totally different, Its just her basic lack of understanding of gravity of the situation. Its like trying to swim upstream with your arms tied behind your back when your batteling an emotional teen.......... the most important advice at this stage, is whatever happens, even if she goes to her dads for a bit,,,this will be over soon, she will grow up, and how everyone acts around her atm, could affect her more than the argument. Try make sure nothings said in anger that will take time to get over, ( by this i mean, sometime people pick sides in these situations, this situation can get sorted out, but familys keep on two side of the argument for longer )

Dealing with all other agencies

Social workers.

These are good, but be carfull, ( this is why you need a solicitor ). Its not there bad in any way, its just there to scared of making mistakes, My mistake, was regional language, the term Belt you, round here meens smak, not belt, but because i said it once, it was recorded that i had FREELY ADMITTED BELTING HER, and once they have something written down, they stick by it until you fight to turn it over. Be carfull, thing about what your going to say, and can that be misconsrude to mean something else.

Caffcass,

my dealing with these may be different to other, i found them compassionate, understanding, and seemingly trying to help from day one...... Cafcass realised and admitted there mistakes straight away, SS workers never.

I will add to this later today.

[Diana M]

Re: Child custody dispute

Does the father have the main custody of her throughout the year, is this what you're saying. You're just not being clear. Who is your daughter going to live with mainly is my question.

As I understand it (from Daisy's post # 17) that question will be answered after the Judge has spoken to her daughter at the end of the school holidays.

Di

[Crazy council]

Re: Child custody dispute

[MENTION=77627]Openlaw15[/MENTION]

Although totally wrong to do at this stage, because the point of these is so the parents work with the agencys so things can be checked out, i think it would be an application to vary the order rather than appeal.