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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33275
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been in a child contact matter to see my daughter who

Customer Question

I have been in a child contact matter to see my daughter who is nearly 2 years old for 10 months. My ex partner made up a pack of lies to stop me seeing her. I have never been charge with any offences by the police or any other organisations which goes against her claims. She also used because I had a physical and mental disability this was an acuse to stop me see my daughter. I do suffer from an injury relating to my armed service career but my gp had written a letter to the court to state that I would cause no harm to a child because of my health. My ex wife in whom I have another daughter with stating to the court I have never been a danger and have had regular contact with my eldest daughter and this goes against my former partners claims. U have
I have unsupervised contact for 6 years with eldest daughter with no problems. I asked for a fact find hearing against and my former partners lies and this was refused by the judge. I had evidence she had lied on numerous occasions. My current partner is a teacher and wrote to the court aswell as ex serving general know in the army as they feel I have being discriminated against in court.On the last hearing the judge stating there was no need for a fact find hearing or an expert report on my mental health but because I hadn't seen my daughter for several months cafcass should write schedule a 7 report even though i have provided all the evidence to state this was not necessary. Cafcass haven t contacted me for over 2 months since the hearing to arrange supervised contact until the next hearing in January 2015. My ex partner is now pursuing a claim for aledged loans on 3 occasions dating from 2012 which i believe is another ploy to delay things. I am really unwell at present. I asked the case to trailed at a different court because of conflict of interest and also suggested there should be a strike out because her evidence is weak and no basis to her argument. I feel discriminated against both with my disability and general.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long is it since you saw your daughter?
Have you phoned CAFCASS?
Clare
Customer: replied 1 year ago.

Hello I haven't seen my daughter for 10 months and I have contacted cafcass on several occasions who haven't got back to me.

Expert:  Clare replied 1 year ago.
Hi
What proposals have you put forward for re-starting contact?
Clare
Customer: replied 1 year ago.

To have my daughter every second weekend like i do with my second daughter the case was intially heard by a magistrates judge until I had it moved to a district judge. I have also studied CILEX so i have some legal background I argued on the last hearing the need for an expert report and used case law and the judge saw my point and dismissed the need for an expert report. I wanted a fact find to catch her out so I could cross examine her evidence but her solicitor argued against it. I have provided all the evidence including doctors letters and other professionals that i am no risk. My mum worked for social services and think this case has been poorly case managed on no evidence they have just homed in on a military illness. I understand the concept of putting a child first but this is ridiculous and i have done nothing wrong. I have not even had one supervised contact with my daughter for 10 month I have complained to the advisory committee who haven't even responded either. The money claim against also stems from child contact order which was only mentioned in august 2014 2 years since the a ledge loans took place. I feel like I am being discriminated against on a disability.

Expert:  Clare replied 1 year ago.
Hi
I am sorry I was not clear - how do you propose that contact should start - not where you wish it to reach!
Clare
Customer: replied 1 year ago.

I proposed intially contact unsupervised in a convenient location if that's the question you mean. Bot***** *****ne i haven't been contacted by cafcass

Expert:  Clare replied 1 year ago.
Hi
Could you just explain a little more about the financial claim and how you believe it has impacted on the Contact case?
Clare
Customer: replied 1 year ago.

My ex partner is claiming she loan me money on 3 separate occasions. This only came about because the judge asked her to write down incidents. They date back 2 years. She has texts from me saying ill pay you back but these are related to my child not what she is claiming for. It's just another ploy to show me in a bad light. She has stated different amounts in different areas. Ie firstly in a police report then a different amount in a child contact matter. She hasn't submitted the texts sent to me to the judge which link the messages she has submitted as evidence. Or has she got any written evidence to state these were loans

Expert:  Clare replied 1 year ago.
Hi
A finding of fact ha snot be ordered because clearly the Judge does not believe that the allegations - whether true or not - are relevant to the issue of whether or not you should have contact.
Equally he appears to have fully accepted that you have no mental health issue that need further investigations.
The financial issues are entirely separate and the Judge will have no interest in them (other than to view them as yet another ploy to prevent contact)
It appears that the Section & report was Ordered to address how contact should begin given the high level of animosity from your ex.
You have not seen your daughter (through no fault of your own) for half of her life and accordingly the re-building of your relationship will have to be carefully managed and take some time.
It could be sensible to start it at a local contact centre and move on from there - it will show that you are attuned to the needs of the child and wish to minimise her exposure to the conflict between you and your ex
CAFCASS's failure to contact you is inexcusable - but it is possible that the court order did not reach them (it happens)
Work through the telephone system until you speak to a manager and ask who the file has been assigned to and when you will see them
If you get no response it might be worth making an urgent application using form C2 and ask the court to order an explanation of the delay
I do not understand what Conflict of Interest you perceive - but from what you say it is your ex who is not believed - nit you
Please ask if you need further details
Clare
Customer: replied 1 year ago.

The conflict of interest is because the money claim is being assessed in the same court room as the child contact order and i think so far the court have been biased in the mothers favour and i have concerns over that. I asked the money claim to be in a court separate because of the ongoing problems with this court. I do believe the case has been poorly managed from start until now. disabilities discrimination springs to mine because there has been no bases to there argument to refuse me contact other than speculation. The military spokesman for UKIP is furious the way this has been handled but as you well no its proving discrimination. I don't think her solicitor has conducted himself fairly throughout and i think he has delayed the process knowing I am a litigant in person.

Customer: replied 1 year ago.

This is how veterans get treated in court clare my case was taken to the house commons this year over discrimination different matter same principle. I will make an urgent application for form C2 as i have contacted them 7 times now. Disabilities discrimination is because the courts have never had an argument to stop me seeing my children as i have provided evidence months ago. It's just proving it in court cafcass are useless and there reviews are shocking. On top of this I have beeb unwell in hospital fighting all this on my own with no support. The conflict of interest is the money claim is being trailed in the same court.

.

Expert:  Clare replied 1 year ago.
Hi
In fact the situation you describe is not unusual at all - I only wish it were.
It is indeed very easy for the parent with care (of either sex) to withhold contact and force the other parent to jump through the legal hoops to establish contact with the child.
It is equally easy for the parent with care to make allegations regarding drink drug or mental health problems which all have to be trawled through before contact can begin - often, as in your case, leading to a position where the time since contact last happened is so long that the issue of how contact should restart has to be looked at.
I appreciate that knowing that this is not uncommon does not assist. I can tell you that the system is TRYING to shorten the time scales involved, but the changes and lack of funding in the Family Justice system does make it an uphill struggle
From what you have said the Judge is actually more in sympathy with you than you fear as he has neither ordered a fact finding nor a Psychiatric report - but it is the incompetence of CAFCASS that remains a problem
You really must check that there is a named Officer allocated the case BEFORE you file the C2.
With regard to the money claim it is neither possible nor necessary to try and have the case moved.
Despite what you feel (and understandable though your feelings are) you have not had a worse ride then many other non resident parents and there is nothing personal involved
Clare

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