Child custody dispute

[Openlaw15]

Re: Child custody dispute

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

Ok, so the Child Arrangement Program is currently being dealt with. The social worker is therefore only providing an opinion: ie section 37 report. It still doesn't explain why Daisy hasn't had legal representation throughout.

[Openlaw15]

Re: Child custody dispute

@Openlaw15

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.

Yes, it would be an application to vary an existing order initially, ie once it's made but if the judge refused to vary/ amend, then Daisy still could appeal. It sounds like she has not received any adequate support that she needs to navigate her way around the murky waters of the family court legal system.

[Openlaw15]

Re: Child custody dispute

@Openlaw15

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.

As daisy's situation likely applies to 'domestic abuse' - it's not likely Daisy could apply for a variation or to amend the contact order. Daisy when was the domestic abuse issue heard (ie what date) and what was the judge's statement on this? Daisy, do you remember "First Hearing Dispute Resolution Appointment FHDRA", then did you go on to have a full case hearing (ie Fact Find Hearing) for the 'domestic abuse?' Are there any temporary (interim) orders in place?

[Openlaw15]

Re: Child custody dispute

@Openlaw15

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.

On the contrary, Daisy - if she had any objection to the summary hearing raising up the topic of 'domestic abuse' was supposed to have a full hearing otherwise the court assumes it's not necessary, ie it's decided from the professionals' reports/ statements. It may be abuse of process therefore, meaning she can appeal on a point of law.

[Crazy council]

Re: Child custody dispute

[MENTION=77627]Openlaw15[/MENTION]

On the contrary, Daisy - if she had any objection to the summary hearing raising up the topic of 'domestic abuse' was supposed to have a full hearing otherwise the court assumes it's not necessary, ie it's decided from the professionals' reports/ statements. It may be abuse of process therefore, meaning she can appeal on a point of law.

You dont seem to understand the basics about these orders, the process the parent goes through between the temporary order, and finalising, , and how to deal with them properly. ,

Although the position seems bad from the posters current point, it not an uncommon position. And the SS Cafcass and courts, would have had to look 1000s of cases just the same, just to make sure it was iether a blip ( we all learn once with kids ) or hitting her is part of somethibg else ( sounds very straight from this poster, i supose most parents can recall a time they have been very mad with there kids. )
[MENTION=9784]das[/MENTION]eybrewik

I know someone thats just been through very similar curcus, have the SS offered any parenting meetings/classes or any solutions, Push them to make sure they are helping your situation with your daughter.

[Openlaw15]

Re: Child custody dispute

@Openlaw15



You dont seem to understand the basics about these orders, the process the parent goes through between the temporary order, and finalising, , and how to deal with them properly. ,

Although the position seems bad from the posters current point, it not an uncommon position. And the SS Cafcass and courts, would have had to look 1000s of cases just the same, just to make sure it was iether a blip ( we all learn once with kids ) or hitting her is part of somethibg else ( sounds very straight from this poster, i supose most parents can recall a time they have been very mad with there kids. )
@daseybrewik

I know someone thats just been through very similar curcus, have the SS offered any parenting meetings/classes or any solutions, Push them to make sure they are helping your situation with your daughter.

I studied a law degree, not legal procedure. However I am slowly researching the procedure bit by bit. I am not talking about law, am talking about procedure under the Family Procedure Rules. I don't think you understand family law procedure. The fact that you have anecdotal experience of social workers and these types of orders does not make you an authority on them either. I have however been researching relevant family law and family law procedure for these types of issues that Daisy is in, am now aware of the process.

[Openlaw15]

Re: Child custody dispute

@Openlaw15

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.

The point of the state is to control the individual and to limit his or her rights. The parents don't work with the agencies, the agencies work for the court (ie the state), and the parents - unless they're legally savvy - have to do what they're told by the state. But what lawyers know is 'checks and balances' which the state authorities have to follow, ie legal procedure otherwise it's undue process (ie not a fair hearing). I do not look at the state authorities, ie CAFCASS/ Social Workers like you seem to do, as in 'they're nice people.' Excuse me but that is a very bourgeois perspective to have with regards to the state. If you studied law, perhaps you'd be more critical of the state, of state powers, just like legal professionals should be.

[Diana M]

Re: Child custody dispute

I studied a law degree, not legal procedure.

There's a big difference between the two

Di

[Openlaw15]

Re: Child custody dispute

There's a big difference between the two

Di

Yes I know... but procedure is far more easier than doing the law degree. I have never formally studied procedure but am navigating my way through it rather easily.

[Diana M]

Re: Child custody dispute

but procedure is far more easier than doing the law degree. I have never formally studied procedure but am navigating my way through it rather easily.

If you think learning legal procedure is far easier than doing a law degree then you obviously haven't understood the way legal procedure works. It's all about tactics and which bits of legal procedure to use and when to use it and (more importantly) when not to #tactics #timing

The only thing you have in common with a practicing lawyer is your love of arguing

Di

[Openlaw15]

Re: Child custody dispute

If you think learning legal procedure is far easier than doing a law degree then you obviously haven't understood the way legal procedure works. It's all about tactics and which bits of legal procedure to use and when to use it #tactics #timing

The only thing you have in common with a practicing lawyer is your love of arguing

Di

No, I argue because I can 'think' of arguments based on points of law.. because I studied a law degree. If procedure was so hard, they wouldn't let legal executives practice it at level 3. Law degree is study at level 6.

[Diana M]

Re: Child custody dispute

No, I argue because I can 'think' of arguments based on points of law.. because I studied a law degree. If procedure was so hard, they wouldn't let legal executives practice it at level 3. Law degree is study at level 6.

Well I have a BAFTA for a documentary I made on the homeless. I learned more about housing law filming that than I would have learned reading about it as part of a law degree.

I didn't say legal procedure was hard to learn, I said there's a skill to using it (once learned) which you won't find in any text book.

How does any of this help Daisy keep hold of her daughter?

Di

[Openlaw15]

Re: Child custody dispute

If you think learning legal procedure is far easier than doing a law degree then you obviously haven't understood the way legal procedure works. It's all about tactics and which bits of legal procedure to use and when to use it and (more importantly) when not to #tactics #timing

The only thing you have in common with a practicing lawyer is your love of arguing

Di

Di, are you a qualified solicitor or barrister?

[Openlaw15]

Re: Child custody dispute

Well I have a BAFTA for a documentary I made on the homeless. I learned more about housing law filming that than I would have learned reading about it as part of a law degree.

I didn't say legal procedure was hard to learn, I said there's a skill to using it (once learned) which you won't find in any text book.

How does any of this help Daisy keep hold of her daughter?

Di

I was actually quoting relevant family procedure rules for Daisy before the topic went off on a tangent. Congratulations on your BAFTA by the way, I mean that sincerely.

- - - Updated - - -

Well I have a BAFTA for a documentary I made on the homeless. I learned more about housing law filming that than I would have learned reading about it as part of a law degree.

I didn't say legal procedure was hard to learn, I said there's a skill to using it (once learned) which you won't find in any text book.

How does any of this help Daisy keep hold of her daughter?

Di

Actually, I have learnt far more since doing law. I have learnt lots from this website actually, and from you guys. I knew of procedure but I didn't actually know procedure at all.

- - - Updated - - -

Well I have a BAFTA for a documentary I made on the homeless. I learned more about housing law filming that than I would have learned reading about it as part of a law degree.

I didn't say legal procedure was hard to learn, I said there's a skill to using it (once learned) which you won't find in any text book.

How does any of this help Daisy keep hold of her daughter?

Di

You are obviously a very caring lady with a good heart.

[Crazy council]

Re: Child custody dispute

Di, are you a qualified solicitor or barrister?

@Openlaw15 Thats cheeky Also, you filling up this poor posters thread, arguing with people or telling them there wrong, or your opinions more qualified,,,, maybe try sticking to helping the poster in an understandable way.. not everyone shouts about there qualifications,,