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Father in law taking my husband to court for visitation??

(34 Posts)
xxnpoxxx Wed 25-Sep-13 17:59:41

Me and my husband live together with children. I have a 3 and half year old and a 6 month old. We advised my father in law on 30/08 that he was not allowed to flit in and out of childrens lives anymore and could not take them the park for a few hours then on the 02/09 he applied through courts for access. There are numerous reasons as to why we have denied access (he constantly sent suicide threats, was telling my daughter she was his favourite and the unborn baby at that time would not be, kept telling her he was the favourite grandparent and when baby come she could go live with him, disappeared with her on an occasion, used her in his bitter divorce telling her to not live the grandmother and say things to her) these are just a few of the numerous things he has done. The fact that we only said no on the Friday 30/08 and he went to the court in person on the monday shows how little he has tried to work things through with us and how little he thinks of the children.
Has anyone been to court before over this? what is general outcome and what do they see as him having played an important role in their lives? as one is only 6 months?
Also on a legal note he has only made the application in my husbands name, no one will speak to me their mother about this, if I want my name putting on the application so I can attend the court hearing I have to prove im their mom in writing????????? which isn't enough time for the hearing on the 16/10.
So in short I am not even allowed in the court room?? how can this be? I am really confused as to what needs to be done. Any help appreciated

xxnpoxxx Tue 01-Oct-13 17:03:57

They said there's no officer appointed to it yet, they give us the date and said we would receive papers. We didn't know we had to be served with court papers and my fil has them. We rang the court to make them aware of this and that's when they said its being reviewed by a judge so we are panicking : 0 but still no details of court it's at or time or the application hes actually made and his reasons and when we ring the so called court they just claim they are a contact centre and we need to write to the actual court who have a 4 week backlog when it's in 2weeks. Just feels like we're going round in circles and solicitor said to approve the application but not contest it and then oppose access as apparently they always get permission from a judge? It all sounds so bizarre and really out of my depth : (

fuckwittery Tue 01-Oct-13 18:03:00

Which court is the case being heard in; you should be able to get a telephone number here.
[[ https://courttribunalfinder.service.gov.uk/]]
Sometimes cafcass get the papers before the respondents (the persons named on the application). Either way, don't worry, if you have the date, time and place of the hearing, just turn up on the day. Explain you haven't received any papers and the case will probably be adjourned, and the judge really should add you as a respondent as the grandfather has not followed court procedure rules that say you should be a named respondent.

Cafcass will have been notified of the application by the court, and is carrying out safeguarding checks to see if there are any criminal convictions for any of the parties, and will carry out a telephone risk assessment with the named parties.

I'm not sure I agree with the advice to agree the permission stage of the application but probably mot my place to say so here..... It may be granted, but that doesnt mean you shouldnt oppose it.

fuckwittery Tue 01-Oct-13 18:06:27

Hold on a minute, just seen you dont know where or when the hearing is in your latest post, but earlier up thread you said the date was 16/10 and how could you ring the court if you dont know what court it is at? Did you ring cafcass on the number on the letter you received? Do you have the court name or not? Just trying to work out if it is possible for you to turn up on the day or not.

xxnpoxxx Tue 01-Oct-13 18:11:08

Thanks I've looked there but it is saying the same number which they are claiming they are a contact centre and anything with family court has to be in writing. I was really apprehensive about agreeing it as to me I'm saying I agree with him applying which I clearly don't and i havent even received the application so we are definately going to oppose it still and look for a new solicitor. We know the date but not time and address I think ill go down the route of call the day before as the court contact centre said it is being reviewed by the judge so they now cannot be definate as it all might change : / stressful but will update everyone in 2weeks and more than likely be asking more advise as they are useless at the minute hope they are more helpful on the day.

xxnpoxxx Tue 01-Oct-13 18:18:04

Cafcass gave us the number to call, they have put the date on the letter they sent us with no name of who applied/time etc. the solicitor was quite appalled at what we received. We rang cafcass who said they haven't appointed an officer yet to discuss with us and that's all the information they had just the date and city it's based in ( dont want to give too much in case they locate thread) , we then rang that number who said it is in the city centre but there are several buildings, so then when we have rang the court to confirm everything when we realised yesterday after speaking to a solicitor that we had not been served and wouldn't be receiving the details in post as advised by cafcass they then said its no longer a definate date/time as it us under review by a judge? Hence all our confusion ( and me probably confusing everyone reading) and what happens from here if papers aren't being passed to us.

xxnpoxxx Tue 01-Oct-13 18:21:38

Sorry to post again it says the court number 0300 etc but when you ring (I have twice) they state they are not actually the court and there is no possible way you can call then it has to be written/emailed and there is currently a 4week backlog.

fuckwittery Tue 01-Oct-13 18:24:45

If you pm me the name of the city I'll try and find an email address for you, so you can email the court with the date of the hearing in the subject to say no papers received, only cafcass letter, and you dont know where to go etc and hopefully it will get dealt with more urgently. There is hopefully only one family court building in your city unless you live in London.... you might also be able to find a number for the court listings dept who may be more helpful as to the when and where.
I womder if it is being reviewed because the cafcass risk investigation has highlighted something in advance of the hearing... The judge wont make any substantive order though without you being properly notified so please dont worry.

xxnpoxxx Tue 01-Oct-13 18:28:53

They have done no checks yet as haven't appointed an officer or spoken to hubby in relation to it that's why I'm confused and we don't even have speeding tickets let alone criminal records so I know we are find with that. Ill message you, and give you the 2 addresses we have been given. Your help is appreciated thanks.

Collaborate Tue 01-Oct-13 20:37:06

They won't appoint a Cafcass officer at this stage. It is just a procedural thing when the run the safeguarding checks.
Cafcass should be able to confirm the court and contact details for you.

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