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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have recently been to family court to gain mote access to

Customer Question

I have recently been to family court to gain mote access to my daughter. Myself and my solicitor believed we had a strong case but the outcome was the current contact of one overnight stay and 2 hours midweek will stay as it is. My case was based around my daughters mum purposely preventing me from seeing my daughter anyway she could but when in court my barrister ( whom until the day I had never even spoke to ) did not raise a single issue regarding my ex being extremely obstructive regarding seeing my little girl so I feel I was somehow misrepresented ( for want of a better word ) by my barrister which in my opinion lead to the magistrates decision. My question is can I appeal against the court order?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
How old is your daughter and what contact were you asking for.
What grounds were given for the refusal?
Claire
Customer: replied 3 years ago.

Hi Claire,


 


My daughter is now 16 months old, we separated when she was 3 months old and following the split I had my daughter 3 nights a week and extra hour alternate sundays. When my daughter was 11 months old my ex informed me I could only have my daughter one night per week and no other contact. I wanted a 50/50 shared care or as close to it as possible, my partner and I live 2 minutes from each other and we both work full time. I have not been given grounds for refusal as we were only in court on friday 21 june 2013 so I'm presuming the reasons will be in the court order.


 


Dave

Expert:  Clare replied 3 years ago.
Hi
Were you willing to compromise on less?
Did you both give evidence and what were you cross examined on most?
Claire
Customer: replied 3 years ago.

Hi Claire,


 


Yes I was more than willing to compromise as at present I only get one night/day , i.e 4pm Friday until 4pm Saturday which doesny give me time to ever go anywhere with her as of the time constraints, I really wanted at the very least, alternate full weekends and cant quite understand why my ex doesnt.


 


Yrs we both gave evidence and cross examined but nothing regarding our statements were really mentioned which shocked me as my ex's statement was at best, a mistake and at worst, a lie. Her solicitor cross examined me on my new job regarding start and finish times but not a great deal more but my barrister didnt mention a single thing regarding my ex's behaviour over the last 5 months, an example being she would say my daughter was unwell on the day I was to see her so she would stay with her mum and I was made to wait another week until I could see her, plus not letting me see my daughter on her first birthday as it was not my day,obviously there are a lot of things in my statement about this kind of thing which is why I went to court to show there was no reason to the lack of contact other than bad feelings from my ex but as I said, not a single thing was mentioned and my barrister almost guided my ex into very good answers. I must add that there are no welfare issues on either side as we both agree we are good parents and so did CAFCASS.



Dave

Expert:  Clare replied 3 years ago.
Hi
What objection did she make to alternate weekends?
Claire
Customer: replied 3 years ago.

Hi Claire,


 


my barrister didnt really give any guidance, i wanted 50/50 but my barrister said I definitely wouldnt get it but she knew I wanted a complete weekend but didnt come up with any offer to pass on so my ex only objected to the one offer I proposed of week 1, Mon over nigh tand take to nursery, Wed over night and take to nurseryt and Friday over night until 10am sat, week 2, mon, wed, friday until sunday but I knew this would get rejected but my barrister or my ex did not offer any other alternative, my ex didnt want Mia out over night through the week but nothing about alternate weekends was mentioned.


 


Regards,


 


Dave

Expert:  Clare replied 3 years ago.
Hi
If that was what you were asking for I cant say that I am surprised at the outcome as it offered no stability and security for the child and unfortunately it suggest that there is unlikely to be any legal ground on which to appeal the verdict.
However that does not mean you cannot do so - you can find the rules here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0019/FPR_PD30A.pdf
Realistically however from what you say the Magistrates made no error in law nor did they clearly ignore the facts of the case.
Your side put forward an unrealistic request and the Magistrates chose not to go with it
I am sorry not to be more positive - but if you need further information please ask
Claire

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