Guest viewing is limited

All contact ceased after raising concerns

Moh

New member
Member
I really don’t know where to start with this post . My emotions are all over the place and iam in complete shock . I just don’t understand how the system has failed my child and me so much .

So I’ve been separated from my ex for over 8 years now and remarried 4 years ago . My ex was a narcissist , emotionally and financially abusive and controlled me through children . Even several years on she would use children to control me and it effected my mental health severely .

I will try and write in short recent events .
In 2021 I found out that a child I had been raising for 12 years coparenting was not my biological child . Upon telling the mother she immediately stopped all direct and indirect contact with this child and another child I was the father to . I was not familiar with child proceedings and my rights , hence the reason I put up with abuse for so long .

3 months after no contact I bumped into my child playing out in the streets . The mother was notified by a neighbour , mother turned up all guns blazing , shouting abuse and threatening I had no rights etc
Despite the mothers actions I was arrested a few weeks later , having apparently made threats of violence .

I sought legal advice and made an application to the court , the ex claimed legal aid based on her allegations and I faced trial in criminal proceedings . Family court awaited the criminal court outcome . I was found not guilty and in time , after some battle a final order was made to share holidays and alternating weekend , this so mother could have time spent with . Mother was to refrain from obstructing direct or indirect access . I did not contest a live in order .

Fast forward 7 months and many concerns came to my attention . First and foremost my son was distressed and complained he aaa being dumped every other weekend in a environment where there were safeguarding concerns eg smoking drugs , not being fed until late hours and it takeaways or my 11 year old would heat up microwave meals . My son complained mother would swear at him when she knew he had contacted me via text and would take his phone and delete messages before he saw them and delete pictures of us and family members . Mother was extremely jelouse of my wife , sons baby sister and step siblings . She would delete the children from his contacts etc

After 6 months it came apparent that mother had not spent even one weekend with son . His health needs were not being met ( he has a disability ) . Over the six months of regained contact , I was extremely concerned for my child’s mental health . My son would cry before I would take him home each Sunday .
The last straw was , when my son complained of mutiple men in the home , I subsequently learnt she was working in the sex industry .
I immediately called police who advised me it a LA matter . I wrote to LA several times and got legal advice . I was told I was in my rights to not return my child and file a application at court for variation . I informed mother I wasn’t to return the child and why .

Next day , mothers instructed solicitors made a notice application to the court and i was instructed to return child . She raised concerns for neglect , abuse , drugs and alcohol , all unsubstantiated . My son was devastated . Mother then ceased ALL contact until next hearing .

I spoke with Caffcass prior to the next hearing , who had the opinion it was the court not mother who ceased contact . The mothers solicitor had drafted the order so that it was extremely difficult to understand . With this made a recommendation that no direct contact should continue . The court followed the recommendations and indirect contact was to be every week one hour FaceTime .

All calls were obstructed by mother . Mother made child end call because I showed his baby sister to him and my wife said hi ! ( nothing in order stated he could not communicate with ) .
Xmas day , second contact I could not hear my son as he was sat in a party like environment . Following three calls I received text saying my child didn’t want to take part in call !

Today was court again . My barister was absolute rubbish , that infact made my wife cry and dismissed any abuse I spoke of , and even smirked with me telling him !
Cut a long story short . Despite all my serious concerns , mothers voice was listened to and my FaceTime contact was stopped, as mother stated child did not want take part in call !!
Despite no one asking my child of their wishes!
Instead I was told I should write letters until the next hearing !! Mothers instructed barrister even told the judge that my screening in court was not necessary , although I am a victim of DV , have a IdVA worker and in therapy and on meds . How is this happening 😒
 
I really don’t know where to start with this post . My emotions are all over the place and iam in complete shock . I just don’t understand how the system has failed my child and me so much .

So I’ve been separated from my ex for over 8 years now and remarried 4 years ago . My ex was a narcissist , emotionally and financially abusive and controlled me through children . Even several years on she would use children to control me and it effected my mental health severely .

I will try and write in short recent events .
In 2021 I found out that a child I had been raising for 12 years coparenting was not my biological child . Upon telling the mother she immediately stopped all direct and indirect contact with this child and another child I was the father to . I was not familiar with child proceedings and my rights , hence the reason I put up with abuse for so long .

3 months after no contact I bumped into my child playing out in the streets . The mother was notified by a neighbour , mother turned up all guns blazing , shouting abuse and threatening I had no rights etc
Despite the mothers actions I was arrested a few weeks later , having apparently made threats of violence .

I sought legal advice and made an application to the court , the ex claimed legal aid based on her allegations and I faced trial in criminal proceedings . Family court awaited the criminal court outcome . I was found not guilty and in time , after some battle a final order was made to share holidays and alternating weekend , this so mother could have time spent with . Mother was to refrain from obstructing direct or indirect access . I did not contest a live in order .

Fast forward 7 months and many concerns came to my attention . First and foremost my son was distressed and complained he aaa being dumped every other weekend in a environment where there were safeguarding concerns eg smoking drugs , not being fed until late hours and it takeaways or my 11 year old would heat up microwave meals . My son complained mother would swear at him when she knew he had contacted me via text and would take his phone and delete messages before he saw them and delete pictures of us and family members . Mother was extremely jelouse of my wife , sons baby sister and step siblings . She would delete the children from his contacts etc

After 6 months it came apparent that mother had not spent even one weekend with son . His health needs were not being met ( he has a disability ) . Over the six months of regained contact , I was extremely concerned for my child’s mental health . My son would cry before I would take him home each Sunday .
The last straw was , when my son complained of mutiple men in the home , I subsequently learnt she was working in the sex industry .
I immediately called police who advised me it a LA matter . I wrote to LA several times and got legal advice . I was told I was in my rights to not return my child and file a application at court for variation . I informed mother I wasn’t to return the child and why .

Next day , mothers instructed solicitors made a notice application to the court and i was instructed to return child . She raised concerns for neglect , abuse , drugs and alcohol , all unsubstantiated . My son was devastated . Mother then ceased ALL contact until next hearing .

I spoke with Caffcass prior to the next hearing , who had the opinion it was the court not mother who ceased contact . The mothers solicitor had drafted the order so that it was extremely difficult to understand . With this made a recommendation that no direct contact should continue . The court followed the recommendations and indirect contact was to be every week one hour FaceTime .

All calls were obstructed by mother . Mother made child end call because I showed his baby sister to him and my wife said hi ! ( nothing in order stated he could not communicate with ) .
Xmas day , second contact I could not hear my son as he was sat in a party like environment . Following three calls I received text saying my child didn’t want to take part in call !

Today was court again . My barister was absolute rubbish , that infact made my wife cry and dismissed any abuse I spoke of , and even smirked with me telling him !
Cut a long story short . Despite all my serious concerns , mothers voice was listened to and my FaceTime contact was stopped, as mother stated child did not want take part in call !!
Despite no one asking my child of their wishes!
Instead I was told I should write letters until the next hearing !! Mothers instructed barrister even told the judge that my screening in court was not necessary , although I am a victim of DV , have a IdVA worker and in therapy and on meds . How is this happening 😒
Welcome to the system, I dont know what to say friend, but you have my support. Im sure more educated in the system will be along shortly

My daughters mom as soon as she knew I was taking her to court. instantly added a new story to cafcass

""daughter told her I took Drink & drugs infront of, her and left her whilst I went hospital.....BUT THEY CANT REMEMBER WHEN IT WAS"

that was enough to put cafcas into a spin and muddy the waters, add another 5 months to the whole thing etc
 
My heart goes out to you. I am so sorry to learn of what you have been through.

This is not the end. There are so many people on here who will share their experiences and recommendations.

Do not do anything before thinking really carefully and checking on here. Your emotions must be unbelievably strong at the moment. When I was at the mercy of my ex and her legal team, I wanted to respond to everything immediately. Luckily, a good friend told me to run things by him and make sure to sleep on things before sending anything. Regrettably, I was not aware of DWK at the time.

Please let us know:

What type of hearing you had today

What type of hearing you will have next

What you need to do before the next hearing

When the next hearing will take place

There is hope.
 
Thankyou for your reply 🙏🏽

Last hearing ( yesterday) was a fED hearing . Judge said we will be going back to court 11th March to discuss contact . The judge has ordered for a section 7 report to be done for around mid July .

I could hardly hear what the barrister and judge was saying in the court room . But what I can tell you is o prob could of done a better job myself !

After my contact was refused to be reinstated, and my one hour FaceTime call of contact was seized , my barrister said something about me writing another statement ready for two weeks , something about why I want contact .

To be honest , I was so distressed I could hardly concentrate . I don’t know why I would be writing a statment as to what contact I want or why I want it , as i was there to get my contact reinstated and my statement explained all my concerns ,my barrister relayed my proposals .

I hardly slept last night in shock at this whole thing
 
What hearing was it again? Final? Directions? Fact find? Ok another hearing is listed for 11th March - that's not far away - to discuss contact - that sounds positive to me. And that's why your barrister is saying you need to submit a statement regarding this - eg what you want and arguing reasons why. So this does sound positive. It sounds like you will be having interim time after the hearing of 11th March, followed by Section 7 to be completed mid July.

I think we need a picture of what happened first.

"Next day , mothers instructed solicitors made a notice application to the court and i was instructed to return child . She raised concerns for neglect , abuse , drugs and alcohol , all unsubstantiated . My son was devastated . Mother then ceased ALL contact until next hearing ."

This suggests that they applied for an urgent ex parte hearing for ex to get you to return the child. Do you know if this was a non molestation hearing/order as well? They were treating it as abduction and probably claiming you emotionally harmed the child. So they stopped all time with the child.

Meanwhile the application to vary process was going ahead, you had Cafcass calls and pending a further hearing there was to be no direct contact and only facetime calls.

It sounds like you have then just had a directions hearing. FHDRA? They often won't make an interim order unless the Mother agrees. They have suspended your existing order due to the accused abduction. It sounds like the Judge decided to relist another hearing for interim time - maybe he didn't have a handle on the situation at first.

So you're in the situation that many Dads are, who are starting from scratch. They wont' reinstate the old order until Cafcass have investigated any welfare issues.

It sounds like where things went wrong were at this point

"I immediately called police who advised me it a LA matter . I wrote to LA several times and got legal advice . I was told I was in my rights to not return my child and file a application at court for variation . I informed mother I wasn’t to return the child and why ."

That may have been legal advice, but you had no back up. You needed social services back up to be able to keep the child. If a solicitor told you to keep the child the solicitor should have been prepared to do a same day urgent application for temporary residency. I wouldn't use that solicitor again.

An application to vary takes time and your ex's solicitors were quicker off the mark. And she made counter allegations.

I'm sorry you've had all this but for now, all you can do is jump through hoops and let the system go ahead. When you explain what happened to Cafcass, the danger is they may think you're falsely accusing the Mother and say it's conflict between parents and they might say to you, if you had concerns why didn't you go to social services? Presumably you will say you did and they will say well if social services didn't do anything then they had decided things were ok with the Mother.

It's blown up because you tried to protect your child, the ex felt threatened so made counter allegations. And Mothers are taken more seriously.

The only way you can keep a child is if Social Services say to do so. It is very difficult getting social services to listen to a Dad. One option is to ask them to come and talk to the child. If the child told them what he told you they might have done something.

So you had no backup from social services. However, when you contacted them, did you put anything in writing? If so you can use that as evidence later to prove you had genuine concerns.

Right now it sounds like you need a different barrister for the next hearing and a good statement prepared to try and explain the situation and ask for interim time to be ordered.

If you can get some interim time ordered you can keep seeing your son until matters are resolved. There will probably be another DRA after the Section 7 report. And then a final hearing again.

I do think it's positive that the Judge has listed another early hearing - 11th March is just over 3 weeks away. Because it means he is considering making an interim order. You need to be prepared though that this might only be in a contact centre during the interim. The way it is at the moment, it will be considered that you might withold the child again so aren't to be trusted with unsupervised time.

I'm sorry you're having this. I'm sure your son will be ok - your ex wouldn't dare let anything happen to him with the court case going on - and he will know you're trying to sort things out and will have hope for that.

We will be rooting for you and keep coming on here and we can help you along the way. I'm happy to look over any statement you need to write - just for an objective view. I don't know what your financial situation is but you might want legal help with the statement instead.
 
Back
Top