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Legal matters

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Cafcass and family law proceedings

36 replies

Gemmalc · 04/11/2010 12:00

Hi there, I am looking for some urgent advice, I have a seven year old darling daughter from a previous abusive relationship, me and her father broke up when she was one, he did not see her nor contact her for two years after that until he took legal action to get access to his daughter, we had a finding of fact hearing which found him guilty of lots of abuse towards me with DD present, including holding a knife to my chest and keeping us locked in the house and strangling me on more than one occasion causing me to pass out. He underwent a phychological assessment who said contact should be supervised as its concerning as all the dvidence shows what he did however he continues to deny this, police records and medical history also indicate he used to self harm and take overdoses after DD was born, a long battle commenced as he was granted supevised contact at a sunday, after 12 months this changed to unsupervised, this is when problems began and it seems he has been abusing DD both mentally aswell as hitting her on two occasions, this has resulted in DD Refusing contact all together, cafcass has reported to the court what has happened to my daughter and the fact she is so opposed to contact due to her fear of him, however still proposes contsct is reinstated as she says it is too premature to stop contact, my daughter is very upset and still refuses to go, I am going to court tomorrow to state I am not in agreement to this as DD is scared and father denies all abuse, I cannot get legal aid and am self representing, can anyone offer any advice, what happens if and when contact is ordered and DD refuses to go? please help.

OP posts:
prh47bridge · 02/03/2011 11:26

Agreed. And please don't post the cafcass report and all statements!

Gemmalc · 02/03/2011 12:23

I would have representation of I could, but unfortunately I can't.

OP posts:
Resolution · 02/03/2011 12:23

Forgot to mention that! Those documents are private, and you'll be in contempt of court if you disclose them to anyone.

melvinscomment · 02/03/2011 17:13

@ Gemmalc ... Re the documents filed in your case. You can show them to various people, eg one or more McKenzie friends (people who help you with your case). But you can't make the docs public in any general way, eg sticking them up on a public noticeboard somewhere! One of your McKenzie friends could also go into court with you to assist you and make quiet comments to you as and when appropriate. It would be best to let the court know, before the hearing, that Mr or Ms X will be accompanying you as your McKenzie friend.

Gemmalc · 02/03/2011 20:59

Hi thanks for your advice, I wouldn't dream of posting the papers on a forum or anything like that, and I think i will be requesting if a Mackenzie friend can accompany me, many thanks

OP posts:
melvinscomment · 02/03/2011 21:42

@ Gemmalc and anyone else interested in what McKenzie friends can and can't do, or should and shouldn't do, because it is "guidance", not a "direction", by two top judges :-

www.judiciary.gov.uk/NR/rdonlyres/73BA4F44-FC74-4456-BD89-4D509133069E/0/mckenziefriendspracticeguidancejuly2010.pdf

Gemmalc · 04/03/2011 16:11

Quick update, the court saw sense and ordered indirect contact,I self represented my case, thanks for all advice )

OP posts:
freshmint · 04/03/2011 21:50

well done

prinzcc · 28/03/2011 18:05

really pleased for you gemmalc. just being strong for your daughter helped you through. goin through similar case at mo . hope to be as strong as you, your case has made me feel more possitive :-)

CarGirl · 28/03/2011 18:08

Am so happy that a sensible outcome happened!

cestlavielife · 28/03/2011 19:55

well done gemma glad to hear court can give right answer... in interest of child.

exP trying to force contact at the moment- i will wait for him take it court it is good to know the children can be lsitened to...

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