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Advice on approach for family court hearing (long, sorry)

(3 Posts)
balia Thu 15-Nov-12 20:55:10

I have posted before about some issues to do with DH taking his ex back to court for increased holiday contact. Court has very much been a last resort as ex has mental health issues and DH did try mediation twice. The Cafcass report is very much in our favour, reflecting the wishes and feelings of DSS who really wants to come on our family holiday with us just generally spend a bit more time with Dad. (He's 10)

However, DH self-reps and is very unsure about the approach to take when he goes back for the hearing next month. Ex's statement is very anti, cites her mental condition repeatedly, and makes some very odd accusations eg that DH has been recording all their conversations (he hasn't) and that he gave DSS a DS game thing in order to spy on her house by taking pictures (it's a toy, we gave it to him for Christmas about 4 years ago!).

DH is not sure how to deal with this. On the one hand, we could go through the statement and ask her questions about it, referring to previous Psych reports in which her mental condition is described as much less serious than she is making out and asserting that she is using it to prevent contact. DH is worried this will look aggressive and descend into a kind of he said/she said scenario. He is considering not asking her any questions, just confirming a few things with the Cafcass Officer, and preparing a summation that simply refutes all the accusations and refers to DSS's wishes.

Any advice suggestions would be enormously appreciated. DH gets very nervous (to the point of vomiting on court days) and is also worried that Ex's barrister will take him apart on the stand if he doesn't refute the accusations.

Also - we are also very concerned that if the court order in our favour, ex will pull some kind of stunt of delaying tactic so we have to go without DSS. We have asked to collect him the day before the holiday. Is there anything we can do to pre-empt something like this?

STIDW Thu 15-Nov-12 21:22:23

Your partner could give reassurance that the claims are not true and assurance that they will not happen in the future then move the focus onto their son. Make sure collecting the day before the holiday is early, or even the night before that, because there isn't a great deal of time to go back to court if the order is broken.

RedHelenB Fri 16-Nov-12 08:03:55

Concentrate on the benefits of son having contact with his dad.

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