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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I am involved in Two child contact matters unfortunately for

Customer Question

I am involved in Two child contact matters unfortunately for me.
1) The first case involves my youngest daughter Brooke who is two years old I last had unsupervised contact with her on the 19.02.2014. On the 19.02.2014 i then had serious, allegations from my ex-partner for domestic violence and she made claims that because i suffered with PTSD from from my armed forces career in the past this would affect the contact with my child. On the 21.02.2015 two days after her allegations of domestic violence my Ex-partner stated in conversation which is in a letter from social service that she and i agreed that i could have overnight contact when my daughter was older. This letter was never mentioned in the CAFCASS reports. On the same day i received threats from my former partners brother again this was never logged in any CAFCASS reports even though i had an incident number.
The allegations seemed to have dragged the case out along with comments on my mental health until 22.08.2014.
2) I asked for a fact find before the 22.08.2014 and the defence solicitor acting on behalf of the my ex-partner had asked for an expert report on my medical state. The judge ruled out the neither a fact find hearing or an expert report was needed in the case.
3) It was then stated because of mothers further concerns that a S7 report was needed from CAFCASS which was scheduled to be completed on 03.11.2014. At this point only indirect contact was permitted with my child but i could hardly write to a 18 month-year-old at this point.
4) On the 3.02.2015 Cafcass filed the report to the court recommending only 3 supervise session until the next hearing on the 05.02.2015. The supervised sessions then took place and first session went fine but then my daughter seemed unsettled in the other sessions. Because she seemed unsettled during sessions 2 and 3 this was quickly turned on me in the report and core assets did not listen to any of my concerns that perhaps my daughter was being brought in overly tired by mother and considering the allegations i already had from previous months i had doubts that my former partner would jeopardise contact sessions if she knew the first session went fine. I had a dispute with core assets because i suggested instead ending the sessions early to make adaptions for children when they are tired and look at other timings. Core assets stated i shouted when i disagreed with them this was taken out of context because i was merely making suggestions to adapt the sessions. No safe guarding issues were raised in the reports and in most of the reports suggested i used aged applicable toys etc during sessions.
3) CAFCASS then tried to link the incident with core assets supposedly where i shouted at a core asset workers to a police officer who spoken to me over the phone who telephoned me with alleged harassment from my former partner stating in her report as being volatile . Again i was merely defending myself because the police officer was making accusations and i was defending myself with allegations. Nothing came of the alledged offences because there wasn't any and no charges were brought against me
3) In the last CAFCASS report it suggests indirect contact with my child so i asked for a contested hearing. ALSO I HAVE NEVER RECEIVED BUNDLED DOCUMENTS FOR ALL 14 HEARINGS UNDER RULE 27A AND COURTS HAVE NOT PROMOTED THE RULE
4) It gets worse my ex-wife whom i have a 9 year old with wrote to the court stating i was a good father in November 2014. I have also had regular contact with eldest daughter Georgia. CAFCASS wrote to my former partner about the letter which she now states she was pushed into signing. The reason for this is because i wrote to her asking to be mindful of the situation with my youngest daughters mum.
5) She then all of suddenly ended contact with Georgia aswell and then wanted supervise contact because of the letter i wrote to her. My two ex's now appear to be good friends which is a change of statements from a letter sign only a few weeks prior.
6) I appear in court recently in the second case and explained that my eldest daughter had been texting me etc about conversations in the other case and that i had voicemail stating where are you daddy i miss you. I then received a message from my former wife stating don't text your daughter again.
I feel like i am getting doubled trouble now and when i turned up at the hearing now involving my eldest daughter to the judge was really harsh with me. I presented my bundled documents in this new case stating m daughter wants to see and i am supported by her school and just wrote a policy for them for children and the judge told me you may aswell burn that evidence i was completely shocked.... she stated because i am only interested in your daughters feelings. I felt distraught the judge also stated i should be an expert now in court considering the other case and the other judge in the other matter was a good friend of hers.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What exactly do you wish to know about this situation?
Customer: replied 2 years ago.

1) Should I have received bundled documents from the defence throughout my hearings and should the courts promoted under rule (27a). These were scheduled hearings apart from 4 hearings.

2) An expert report and medical report were rule out last August 2014 but organisations and the defence keep raising questions related to. Would you suggest filing a C2 application to assist in a expert report.

3) CAFCASS made reference to fight i was involved with 10 years ago this was a NFA and made a judgement to be mindful about the NFA.

4)Indirect contact was suggested on the fact my daughter was not settled during at 3 of the supervise contact sessions but the core assets workers couldn't settle either.

Should be insisting on a fact find hearing and should i get the court to investigate why i have never received bundled documents. Should i challenge CAFCASS missing evidence in the reports letters from social service from mother promoting contact this has not been listed in her position statement

Customer: replied 2 years ago.

Don't worry i will get another expert ridiculous