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JeremyT1020
JeremyT1020,
Category: Family Law
Satisfied Customers: 270
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I have divorced, my ex wife made false allegations and she

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Hi
I have divorced, my ex wife made false allegations and she managed to get a NMO . The court advised a Cafcass worker to meet my daughter, my daughter 5 years old. First of all the meeting took place after 5 months I haven’t seen or had even a word with my daughter, she has been totally brainwashed. Second of all my ex wife resides at her friend’s house, and twice when the soc worker came for a visit it’s happened that she was at home . I’m strongly believe that there is some sabotage because my daughter does not have enough English unfortunately to talk about the usual things, but she managed some how to speak with the soc worker. She managed to give answer for everything regarding me her answers: House Of Worries
• "M y daddy pushes me and I am crying"
• Daddy
• Daddy hit Mummy and Me
• Daddy take me away from my mummy
• Seeing Daddy without Mummy
• When Daddy pushes me and tells me" don't touch"Non of it happened . But for that kind of answers she supposed to have a good conversation with my daughter, but as I mentioned she doesn’t have enough English for it.
How can I proof it , where should I go for help.
Let me know please
Thanks
Good morning and thank you for your question. I'm Jeremy, a solicitor specialising in divorce, separation and children's matters. I'm sorry to hear about the awful situation with your ex-wife but I'd be happy to help. I am going to be on and off Just Answer all day today so please be patient if I don't respond to you immediately. First and foremost, please would you let me know when the next court hearing is? Thanks, J
Customer: replied 17 days ago.
Hi Jeremy,
Case management hearing on the 20th august fact finding hearing 9th and 10th of September
Customer: replied 17 days ago.
Also on the last hearing I received a court order regarding every Tuesday and Thursday between 4pm and 5 pm I can have a telephone conversation and every Saturday from 1pm to 4 pm interring contact, my first contact supposed to be today but she dined to give my daughter for meeting, and her solicitors sent me an email regarding this
Customer: replied 17 days ago.
Their answer
Customer: replied 17 days ago.
We would like to notify you that our client is forced to suspend the direct and the telephone contact with the child.Unfortunately following last week’s unsuccessful telephone contact our client came to conclusion that even though she wanted to give you a chance to rebuild the bond with the daughter and put her own feelings aside, you still carry on with your coercive and damaging behaviour.On two occasions you were asking the child to speak in English with you and you have been pressing the child to say to you that she is scared of people she lives with (including the Mother), the child was upset. However you were still making her say these things. This in our clients view is unacceptable.In addition when the child told you she doesn’t want to speak any longer you were forcing her not to put the phone down. When she ended the call in few minutes you telephoned again.
In addition to the above you were trying to manipulate her with expensive gifts, stating that she should tell mother that she wants to go to daddy now, to receive the gifts. This behaviour is damaging and not acceptableThe Mother is suspending the direct contact. However you can send the gifts via our office and the Mother welcomes the arrangement when the child can spend time with you in the contact centre in supervised settings only.
Our client reports that following the telephone contact the child has been tearful, anxious and upset.Please note the contact was offered to you by the Mother in the course of the last hearing in the hope that you have changed. The current contact is causing upset to the child and the Mother.The Mother would like to wait for the outcome of the fact finding hearing before any further unsupervised contact can be offered to you.
Customer: replied 17 days ago.
I did asked my daughter but regarding with who she living with or her mother not, I did asked if she scared or afraid anybody or anything
Customer: replied 17 days ago.
Regarding the gifts, I could not give her the gifts I promised her for Christmas tomorrow is the orthodox Easter, and I did not told my daughter to ask my ex to let her come to me it’s all false
Customer: replied 17 days ago.
I haven’t seen her for 6 months, there was Christmas and now Easter of course I have gifts for, every parents give gifts for their children why I can not
Customer: replied 17 days ago.
Also will send you in a minute the court order
Customer: replied 17 days ago.
Confidentiality warning
The names of the child and the parties are not to be publicly disclosed without the court’s permission.
 
Child arrangements orders warnings
This order includes a child arrangements order (the part of the order setting out living arrangements for a child and about time to be spent or contact with another person).  If you do not do what the child arrangements order says you may be made to do unpaid work or pay financial compensation. You may also be held to be in contempt of court and imprisoned or fined, or your assets may be seized.
 
It is a criminal offence to take a child out of the United Kingdom without the consent of everybody with parental responsibility unless the court has given permission.
 
While a child arrangements order is in force in relation to a child nobody may:
a. cause the child to be known by a new surname
b. remove the child from the United Kingdom
without the written consent of every person with parental responsibility for the child or leave of the court.
 
However, this does not prevent the removal the child from the United Kingdom by a person named in the child arrangements order as a person with whom the child is to live for a period of less than one month.
 
RECITALS
 
Issues
2. The parties have agreed that:
a. the child will spend time with Mr X as set out paragraph 9 below.
b. once the child’s gymnastic classes recommence at School, Road, TW1, the father shall be able to watch her classes and collect her for contact from 1pm.
 
3. The issues that the court needs to decide are as follows:
a. the mother’s allegations of domestic abuse;
b. with whom the child should live;
c. whether they should spend overnight stays with Mr X and, if so, how often.
 
Domestic abuse issues
4. Domestic abuse has been raised as an issue which is likely to be relevant to any decision of the court relating to the welfare of the child.
 
5. The court agrees with the parties that a fact finding hearing is required to determine the mother’s allegations of domestic abuse.
 
6. The court is satisfied that the arrangements for the child made by this order, including any contact, protect the safety and wellbeing of the child and the parent with whom they are living.
  
 
THE COURT ORDERS
 
Allocation
7. Case management and hearings are allocated to a Circuit Judge or District Judge.
 
Jurisdiction
8. The court declares it is satisfied it has jurisdiction in relation to the child based on habitual residence.
 
Contact order
9. Ex wife must make sure that the child spends time or otherwise contact with Mr X as follows:
 
a. Commencing on Saturday 1st May 2021and continuing every Saturday for six weeks, from 1pm to 4pm;
b. Commencing on Saturday 12th June 2021 and continuing every Saturday for six weeks, from 1pm to 5pm;
c. Commencing on Saturday 24th July 2021 and continuing every Saturday thereafter, from 1pm to 6pm.
 
10. Handovers shall take place at the main entrance of Z train station, but when the child is at Gymnastic class, the father will collect her from Gymnastic class.
 
Indirect contact
11. Commencing on 22nd April 2021, Ex wife must make the child available for video calls every Thursday and Tuesday, for a minimum of 10 minutes, between 4 and 5pm. The video calls shall take place using the following telephone number 07543Directions for fact-finding hearing
12. Permission to both parties to file and serve further statements and evidence by 4pm 12th May 2021. The respondent’s statement is confirm whether she accepts the transcripts of the recordings produced by the applicant, and if not, to file and serve her own certified translations.
 
Police disclosure
13. The respondent’s solicitors are to serve on the father forthwith, the Police disclosure they have obtained. If further Police disclosure is required, the respondent’s solicitors are to make a Protocol request by 4pm 30th April 2021.
 
Medical disclosure
14. The date for the respondent to file and serve evidence from her GP is extended to 12th May 2021.
 
 
Next hearing
15. The next hearing will be a Case Management Hearing, to be listed at 2pm on the first open date after 16th June 2021. Time estimate 1 hour. The advocates are to meet at 12 noon to conduct pre-hearing discussions.
 
Further hearings
16. The fact-finding hearing is to be listed on the first open date date, two weeks after the Case Management Hearing. Time estimate 2 days.
 
17. No other cases are to be listed in the Judge’s diary for the fact-finding hearing. If they are, there is a danger the Judge will have insufficient time to properly prepare and conclude the case within the time given.
 
18. The hearing shall commence at 11am on the first day of the fact-finding hearing, to give the Judge reading time from 9am. The mother’s evidence shall be dealt with first and shall be concluded on the first day. The father’s evidence shall be concluded by lunch time on the second day.
 
Interpreters/translation
19. The court must arran
Good evening and thank you for your reply. I'm grateful for your patience as my time at weekends is sometimes limited by personal commitments. I'll have a look at your lengthy reply and get back to you.
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