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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33306
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Where can I get information on how to appeal a decision made

Customer Question

Where can I get information on how to appeal a decision made in he family courts regarding child access
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Could you tell me a little more about your situation and when the order was made
Clare
Customer: replied 2 years ago.

Hello Clare,


My daughter in law attended court on friday 24th january on a case regarding my sons access to his daughter, long history but basically he moved in with a new partner - which was never an issue with my daughter inlaw - he asked for csa to be reduced and didnt go to see his daughter for the next 9 weeks but instead a solicitors letter was sent for them both to attend court to set access rights. His own solicitor told him that she coudlnt do anymore for him when he was awarded 24 hours access once a fortnight. The judge told him in November that he wasnt going to get anything more but my son requested to be heard again in January. Since then he has said that he will be parting from partner and moving to a flat nearer to his daughter on the 27th January. At the court hearing on the 24th January the judge did a full 180 and agreed with his request of full weekend friday to sunday once a fortnight and after one year this was to extend to the monday, two seperate 7 day holidays with him yearly, he was allowed to leave his daughter with whoever he wanted, once a week tea time visit of an hour. He has never used the right to take maddy for tea time visit apart from one occasion when he took her to the local shop and back in ten minutes, this saturday was his last 24 hour visit and he left her with a relative as soon as he got her and went drinking, maddy had to be taken kicking and screaming to the car as is the case most times he collects her, the judge as has said that she has to go with him regardless of her getting upset. As for my son he stopped me from seeing my grandaughter for 11 months on the pretext that my daughter in law had stopped his acess because csa had reduced her money but in fact he had requested a reduction in money because he had taken on two step sons with new partner and then he didnt bother turning up for 9 weeks without any notification. I approached my daughter in law about seeing maddy after 11 months and she said i could see her when ever i wanted to and have done approx twice a week since then. He also has abandoned the two boys he had taken over guardianship of and is trying to give away or sell everything he had purchased for them including their bunk beds and garden toys, I am saying this to show what type of man he is. Is ther grounds for appeal with this history my daughter in law is aware I am doing this and also how much does it cost for an appeal hearing. Many thanks for your reply. lynda timberlake

Expert:  Clare replied 2 years ago.
HI
How old is the child?
Did they both give evidence at the hearing?
Clare
Customer: replied 2 years ago.

She is 2 years old and both gave evidence at hearing.

Expert:  Clare replied 2 years ago.
Hi
Was there a CAFCASS report?
Clare
Customer: replied 2 years ago.

Only at the first hearing, it was 19 weeks that he didn't have contact with Maddy. Lynda

Expert:  Clare replied 2 years ago.
Hi
What contact has he been having with the child in the last few months?
Clare
Customer: replied 2 years ago.

he has been having Maddy 24 hours once a fortnight but always taking her back couple of hours early, he is also supposed to take her for one hour a week at tea time but has only ever used this once and that was for ten minutes tot he local shop and back. Over the christmas holidays he is allowed to take her from 4pm christmas day for 24 hours and the same on hr birthday. Maddy has step brother at home and they adore each other so the judge said she has to wake up in her own home then go to her fathers later in the day on each occasion. I am concerned that when he arrives for her maddy she get so distressed and has to be put in the car screaming "mammy no daddy" surely this cant be right that she has to hand her over in those conditions and what detremental effect is it having on maddy.


 


lynda

Expert:  Clare replied 2 years ago.
Hi
Could someone else handle the handover other than mum?
Clare
Customer: replied 2 years ago.

i dont think she would let anyone else, she has stipulated in the past that he is the only one who can collect and bring maddy back as she was being brought back by any member of his family so he could carry going to Liverpool to watch football. What would happen if maddy refused to go? Does tracy have to make her get in the car with him?


 


lynda

Expert:  Clare replied 2 years ago.
Hi
Was the mother represented at the hearing?
Clare
Customer: replied 2 years ago.

no she cant afford a solicitor so represented herself as she has all the way throughout the case. Paul had a solicitor and she told him back him a while back that she couldnt do anymore for him so he represented himself from then on. All the way through the Judge was indicating that he would not get all the things he asked for and told him she didnt know why he was coming back again in January, which is why it was such a shock for her to give in to his demands.


 


lynda

Expert:  Clare replied 2 years ago.
Hi
What reasons did the Judge give for the decision?
Clare
Customer: replied 2 years ago.

she didnt give any reasons except to tell tracy maddys mother not to shower her with too much love, to equal it out ?

Expert:  Clare replied 2 years ago.
Hi
How long was the hearing?
Clare
Customer: replied 2 years ago.

no more than half an hour.


 


lynda

Expert:  Clare replied 2 years ago.
Hi
If it was only half an hour how did they both give evidence?
Clare
Customer: replied 2 years ago.

they had given evidence on previous hearings and this one was the judge telling the decision she had made, Tracy said she didnt want the two weeks a year or the full weekends but was ignored. The judge told tracy that if it went to a big hearing that they would make the same decision.

Expert:  Clare replied 2 years ago.
Hi
Did she actually agree to the Order then - is it marked "By Consent"?
Clare
Customer: replied 2 years ago.

no she didnt agree to the order but the judge practically ignored her and said if she took it to the next step of a big hearing of cross examination it would be the same result, there is no paperwork.


 


lynda

Expert:  Clare replied 2 years ago.
Hi
That sounds as though she did consent - if only to avoid the full hearing?
Clare
Customer: replied 2 years ago.

At no time did she agree with the order and when she spoke up the judge told her that if she took it further she would get the same result.


 


lynda

Expert:  Clare replied 2 years ago.
Hi
Then she does have grounds for appeal since clearly she was not given a chance to put her case fully
She will need Permission to Appeal
She can read more about the process here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0019/FPR_PD30A.pdfhttp://www.insidetime.org/resources/WSDocDownload/I_want_to_appeal_What_do_I_do_EX340_CourtService.pdf
However I do need to caution you about the possible outcome
To be frank nothing you have said makes me think that he would not get friday to sunday contact at this stage - although I would have expected a more gradual build up to a full week's contact.
The fact that the child cries at handover is not a reason for stopping contact - it is a reason for changing the arrangements so that the handover is made easier for the child.
I know that this is not what you wish to hear - and the mother certainly has grounds on which to appeal - it is just the outcome I am less certain of
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you i will pass the information on and get back to you if she has any more questions.


 


lynda

Expert:  Clare replied 2 years ago.
HI
That is fine
Clare

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