Child custody dispute

[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.

[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

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.

[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.

[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?

- - - Updated - - -

Sorry 9 days 12th -21st

[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 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??

[Daisyberwick]

Re: Child custody dispute

I provided all that last Monday. Yesterday I phoned to see if they could help me and they still haven't called back. If I don't hear today, I will return to the court to see one of the duty solicitors. I wonder if it's possible to speak with a judge to get the order overturned. My daughter is so unhappy and the guardian is aware of that??

[Openlaw15]

Re: Child custody dispute

Hi thank you for accepting my request
I'm currently going through a custody case for my 12 yo daughter. She is on the child protection register because I hit her on a couple of occasions (once with an implement) although it happened twice, it is very rare for me to be physical with her, but she did push me to the limit....also we were going through a very tough time. My ex husband now wants residency and has a very spiteful lawyer. The first hearing was with a very understanding judge who saw things for what they are and ordered a section 7, but the second hearing was with a judge who seemed to be echoing my ex's lawyer and wants a section 37. Now I am very scared. I have no legal representation. I am up to my ears in paperwork and feel railroaded. Has anyone got any advice for me??

Normally, legal aid is not available for Child Arrangement Order (formerly named, Child Contact Orders), but could be for where you were domestically abused: https://www.gov.uk/legal-aid/domestic-abuse-or-violence, You told us you suffered domestic abuse during your marriage, so this may support your application for legal aid, as Di suggests below. Can you provide some specifics as any lawyer who takes an interest in your case will not be able to do so unless they can show clear evidence of 'domestic abuse' for legal aid purposes. Did you for example have any friends who witnessed this abuse such as controlling behaviour, assault on you, or other things. How long were you married for, and how long did the domestic abuse continue? Were they regular, were they more worse and prolonged at other times. Did you have photographs of injuries etc. Is your mental health linked to or made worse by your domestic abuse/ suffering. These are just questions to help you think about proving your evidence of domestic abuse.

[Openlaw15]

Re: Child custody dispute

Hi thank you for accepting my request
I'm currently going through a custody case for my 12 yo daughter. She is on the child protection register because I hit her on a couple of occasions (once with an implement) although it happened twice, it is very rare for me to be physical with her, but she did push me to the limit....also we were going through a very tough time. My ex husband now wants residency and has a very spiteful lawyer. The first hearing was with a very understanding judge who saw things for what they are and ordered a section 7, but the second hearing was with a judge who seemed to be echoing my ex's lawyer and wants a section 37. Now I am very scared. I have no legal representation. I am up to my ears in paperwork and feel railroaded. Has anyone got any advice for me??

Hello again, Daisy

Hope you're at least having an OK day. I have found a guide to help where you don't have a lawyer, for child arrangement orders (formerly called Child Contact Orders). It is detailed but it may be good for asking your lawyer (when you get one) about what to ask them, or help you as to what you can do in your situation. However, for whatever reason if you can't get a lawyer, you can use it anyway as it's apparently provided for that purpose. Keep us updated as to the lawyer situation.

http://www.advicenow.org.uk/guides/h...ut-help-lawyer

OL (ie Openlaw)

[Diana M]

Re: Child custody dispute

I don't have a solicitor 

But you have approached a solicitor who has asked you for the background of any abuse you may have suffered during your marriage and beyond (which you have provided) in the hope that Legal Aid may be granted.

Call the firm tomorrow for an update.

Di x

[Daisyberwick]

Re: Child custody dispute

I don't have a solicitor 😔

[Daisyberwick]

Re: Child custody dispute

Thank you.

[Openlaw15]

Re: Child custody dispute

@Openlaw15, I have some reading for you re UK definitions rather than US definitions albeit it's a UK government publication but in this case page 85 onwards might be relevant: https://www.gov.uk/government/upload...g_Capacity.pdf

in fact page 89 "children trying to help" might be pertinent in this case.

I did look at it and it does suggest that children can be influenced, ie to try and repair broken down relationships. However, this is just suggestion and not the law. From other thesis I've been reading, emotional abuse is hard to prove according to CAFCASS and legal professionals, ie barristers. The point is though, if it is hard to prove then why is the SW in the Daisy's case saying it's 'emotional abuse', is the question. I think emotional abuse were it to go on would speak for itself, but speaking to a curious minded intelligent child about the case, by itself anyway, is not and can never be 'emotional abuse.'

[leclerc]

Re: Child custody dispute

[MENTION=77627]Openlaw15[/MENTION], I have some reading for you re UK definitions rather than US definitions albeit it's a UK government publication but in this case page 85 onwards might be relevant: https://www.gov.uk/government/upload...g_Capacity.pdf

in fact page 89 "children trying to help" might be pertinent in this case.