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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32928
Experience:  Over twenty-five years experience
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Sir/Madam, apologies of below but needs some explanation.1.

Resolved Question:

Sir/Madam, apologies for length of below but needs some explanation.
1. Brief history:
a) Separated 7 years, divorced 4 two children age (now) 16 and 14
b) Children's contact order applied by me in 2012 due to obstructions in contact with my two children
c) Response by ex wife: (false) accusations of domestic violence
d) Action and claimed unavailability to attend hearing delayed any contact for 6 months, by which time eldest child 'poisoned' against me.
e) After a further 18 months contact order issued in Feb 2014, but for daughter only (then just 12). Judge said couldn't order son (14) to see me.
2. Present
a) Persistent breaches of this order over 18 months and no contact of any kind since late May thus applied for breach of order and variation to order - due to planned return to UK(presently abroad much of time). Court hearing on 7 Aug.
b) Response from ex at hearing: claimed daughter (now 14) doesn't want to see me
c) Hearing lasted 2 mins - judge said need to file written statements in 4 weeks and CAFCASS to do wishes and needs over 12 weeks, Hearing in Nov/Dec
d) No mention of existing order which has contact schedule for summer and weekends, half term, til Dec
e) On return home a second allegation received in post of domestic violence and abuse dating back 8 years. No seen in time for hearing but same case (all fabrications)
3. Concerns
a) My daughter ('Global Delay thus although a 14 yr old physically and mentally more like a 10/11 yr old) highly vulnerable, frightened and traumatized.
b) When I turned up at school in June she was frightened and shooed me away
c) She will be pressured to say things to CAFCASS by ex, with likely threats if doesn't.
d) She will be alienated from me as her brother has by ex's slander and threats
4. Questions
a) Can I 'appeal' to order, ie ask the judge to maintain the present existing order (which hasn't been revoked) until the investigations and hearing? This is critical.
b) Order stated handovers at Basingstoke station but ex didn't reply or turn up for any since June - am I in my rights to go to her house to pick up my daughter? (Will be a scene and ex will likely call police), How will that stand in court?
c) Have tried to reason and point out for 4 years, hasn't worked - do I go on offensive? Ie how honest do I be with CAFCASS and court on her mental state (see http://www.hostile-aggressive-parenting.com/what_is_Hostile_Aggressive_Parenting.asp
d) Written testimonies from friends useful? Written testimonies from friends who have witnessed her slander of me in front of children useful?
e) Can I call in Social Services due to grave concern on welfare of daughter? How will that stand in court?
f) Any other advice?
Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas Judge replied 1 year ago.
I am slightly unclear do you have 4 or 2 children - if so their ages please
Customer: replied 1 year ago.

Separate 7 years, divorced 4 (years) two children

Expert:  Thomas Judge replied 1 year ago.
Thank you for your questions - I can see how frustrating it has all been.In answer to your questions -a) you would be seeking to appeal a case management hearing and the higher courts really do not like to get involved in such matters - giving a lot of discretion to the original judge/bench and also you need to appeal within 7 days - so I would not be optimistic; that said if the original order has not been stayed then the order should be continuing - there is an argument that if she has not complied you can seek to enforce - the problem may be that the court would simply stay considering it to have been an oversight - however I see no reason as to why you should not be having some for of contact whilst the work is bring undertaken b) I would be reluctant to go to the house - from what you have written there is a risk that she will only make further allegations if you do; c) with CAFCASS you should always be honest - but stress that it is important for your child to have contact with you - in her interest etc and you fear that the mother is seeking to alienate you - do not speak ill of the mother if you can avoid it as this is not child focused - d) letters from friends rarely have any value; if there are welfare or safeguarding concerns you should always contact social services - otherwise you can be criticised for a failure to protect. I would be minded to take the matter back to court for interim arrangements (even if indirect contact) between now and the next hearing. I hope this helps - please rate positivelyI hope that this helps
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32928
Experience: Over twenty-five years experience
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