To think my solicitor is just trying to make money off of me?

[user1496231209]

I'll try to keep this as short as possible as the story itself is very long.

My ex has served me with court papers last Thursday after I stopped contact due to him being 3 hours late returning my daughter when she was 6 weeks old and he did so in just a vest. This was only the second time he had had contact without me present. He has applied for a non-mol order based on fictious events of domestic violence, a prohibited steps order to stop me being able to take my DD on holiday without court permission, a specific issue order to get her last name changed to his even though he was at the registration and agreed. Lastly he's applied for a child arrangement order to reinstate contact immediately for 7 hours every Saturday unsupervised.

I wanted to get things sorted in mediation but he didn't show up on the day and when he tried to re-arrange I had found out he was denying parentage to the CMS so I refused.

I want to ask that it is granted that I have residency when I go to court. Will I have to apply to the court separately for this or will it able to be addressed within his application? The solicitor I have seen wants me to submit new applications but it seems pointless and costly and he seems pretty useless all in all.

Also, he has made numerous false allegations to social services about me which have been met with NFA, he has sent the police to my home for "welfare checks" on the basis of my anxiety and depression where nothing was found to be wrong and I was told by the social worker to contact a DV charity after he accused me of threatening to smother my daughter because "she looks like him".

In the acknowledgment form would it be appropriate to tick the box that I believe she is at risk from harm due to these behaviors or not as they were directed at me rather than her? Court is on Monday so I don't have much time at all.

Thank you!

You really need a solicitor on your side. This is messy and you need expert help

Yes she is at risk, of neglect emotional abuse and potentially abduction. Listen to your solicitor

Firstly if you don’t feel confident in what your solicitor is telling you, see another one. Don’t expect randoms on a forum to give you better advice or worse advice you want to hear.

Secondly definitely not a solicitor so take what I write with a huge pinch of salt.
But surely when you go into court it is to answer all of the various summons / forms / requests he’s submitted?
I imagine the hudge will ask you / your solicitor to reply or explain / prove your argument but it will be against the details in his papers.

Not for you to ask for your request at that point. So I would absolutely get my alternative summons / papers etc submitted against his so both can be weighed up and he has to answer against yours especially answer the questions of the malicious acquisitions against you etc

Find a new solicitor that comes recommended, Like anyone in life some are good at their jobs and some arent so good, I had an amazing solicitor when I was going through alot with my ex they took control of the situation for me and new exactly what to do. You need someone like that when u are against someone so calculating.
Good luck.

I am guessing as the court will appoint a cafcas worker to the case so if they dont then request one. They are independent and present their findings to the court in residency cases

Unlikely he’ll get unsupervised for that long - your baby is newborn. And that’s without all the other shit.

Yes she is at risk from her father. Get a decent solicitor. Gather evidence of the false accusations etc.

You need evidence of the NFAs in all complaints he made. Is there a law against nuisance reporting of someone?
I really feel for you, because if you're already struggling with anxiety and depression, that shit would literally drive you demented!

Thank you everyone; honestly I'm an anxious wreck at the moment. Luckily I've got a Mckenzie friend supporting me. However, on the C7 acknowledgement form I'm too scared to tick the box that says I believe the child is at risk of harm. If I leave this blank can I address it directly with CAFCASS instead?

Sorry to hear your situation is so difficult. I can't comment on lots of what you have asked but I would say do get a notebook and record dates and times of everything in one place consistently - it is difficult when you are busy and with a young child so make sure you do this. I only communicated with my ex by text and sent a note with all instructions re childcare in one of those carbon copy books so that I had a copy of everything. One of the many false allegations by my ex was that I never communicated with him re our child. I was told to leave my book on the desk when we went out for a break in the court as the judge was likely to look at it. When events happen they seem like you will never forget them but a year down the line it is easy for things to be fuzzy and there is nothing more powerful than you having an organised log with dates and times. Lots of these types of men are energetic and vindictive but they are rarely organised and that was what eventually strengthened my case in court... plus a good solicitor that came recommended and eventually an expensive but one time only barrister ... my ex defended himself which the judges apparently find highly irritating.

Why are you scared to tick the box? He doesn't have her best interest at heart, he is making up serious allegations against you. He kept her away from you to show you his power. He has already put her wellbeing in danger.
The good news is he's dumb enough to do all this with a paper trail.

You need to get legal advice. Asking on a forum is a very risky strategy OP.
Get a different solicitor if you dont trust your current one.

The reason you don’t want to tick that box, is the very reason you definitely 100% should.