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Legal matters

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Child arrangement order

6 replies

Quandary2018 · 25/11/2018 10:24

Have been going through the family courts for a year now after social services told me to stop my exh from seeing the kids until a CAO was granted.
Since he applied back in September 2017 he’s had no direct contact with the children (well he isn’t supposed to)
In March this year he was granted indirect contact (fortnightly letters and weekly phone calls) and ordered to go on the bbr programme.
He wasn’t accepted onto the course due to high levels of deniability and low levels of responsibility. He hasn’t written a single letter and didn’t call the children for 12 weeks after I called the police due to him being verbally abusive to me during one of his phone calls to the children.
He persists in showing up at our dcs hobbies and just stands there, watching, often taking time to watch me.
It’s one public property so it’s a loophole he’s exploiting- so long as he doesn’t approach the kids he’s not breaking the court order, except, until recently, he did keep approaching the kids and was abusive towards me in front of them.
In light of him not being accepted onto the bbrp carcass said no direct contact until he’d sought help via his gp- he’s not done that.
The judge ordered a fact find hearing which we had in September, very stressful mainly because he didn’t file his paperwork on time and the hearing got pushed back.
At the hearing the judge ruled in my favour on all counts and dismissed my exh as evasive, callous and said he’d behaved appallingly.
Then, in the next breath, the judge said he believed exh has acted out of love and a desperation see his children and so has directed cafcass to find a way forward for direct contact to resume.
Cafcass have spoken to the dc who have made it clear they don’t want to see him because they don’t feel safe and yet, because the judge has said cafcass have to make a recommendation on how direct contact can resume they are going to make a referral to core assets.
It’s my understanding that core assets are an organisation who will work with me, dc and exh in order to try and reintroduce him in a positive and safe way.
A referral to core assets was dismissed as unsuitable by cafcass in March this year because of the limited exit plans plus the high likelihood of it not working.
Nothing has changed since March other than the judge ruling I’ve been telling the truth so I don’t understand how we can now be heading towards direct contact “to see how it goes”
My dc are not an experiment
We are back in court just before xmas to see what the judge recommends and orders.
Can I put in my position statement that, whilst I agree that core assets is the only safe option for direct contact, I believe the referral should be delayed until exh has been consistent with the indirect contact, starts sending letters and ringing when he should, goes to the gp and gets some counselling/anger management help and stops exploiting loopholes so as to be able to watch me- he’s not watching the kids he grilled me last week on my relationship status with the male parent I was standing next to, apparently we looked “cosy” and basically does as he’s been told to for a period of time before direct contact resumes?
Core assets is a temporary intervention, what happens when that provision ends? Exh will still be the way he is and we’re back to square one.
I also would love to ask cafcass what they would have recommended had the judge not put the order to find a way for direct contact but I don’t know if that would be overstepping.
I just feel that cafcass are there to be on the children’s side and if their hands are tied by judges then what’s the point? They should be reporting and making recommendations based on their professional experience and in the children’s best interests.
Kind of feel like the whole year of court hearings has been wasted because it’s as though everything that’s gone before is being struck off and he’s being let off the hook completely.

OP posts:
prh47bridge · 25/11/2018 12:49

You can put whatever you want in your position statement. What you've said in your post is your position so it is perfectly reasonable for you to say that.

disneyspendingmoney · 25/11/2018 13:36

I feel for you, I'm going through pretty much the same as you. I'm my case cafcass pushed it back to the social worker to sort out. XOH has not spoken to any agencies.Cafcass, GP, Rehab, even the contact center after supervised contact was ordered. XOH has spoken with social worker though. Social wirker is giving me grief because she says my feelings towards XOH is getting in the way of contact and doesn't seem to listen to me saying supervised contact is in place and XOH has to their part in it. It's not my job to do it all. I've also said to SW that is guaranteed about sobriety at time of contact could be guaranteed by XOH then no problem on my part. Just work something out. The social worker was ordered to supervise, obviously wants to weasel out of it and is suggesting that supervised contact isn't really necessary.

I've just come to the conclusion that it's boring and tedious and no one will actually do what they are supposed to or ordered to do.

As to your position you are complying with the court and you feel that you XOH should to and that your XOH needs to comply too in order to progress.

I dunno why XOH behave like this but they do, it's part and parcel of why they are no longer in the family home. It's a common pattern of behaviour I do not know why the courts let it carry on.

Snowwontbelong · 25/11/2018 13:43

My barrister actually told me that judge's are reckless with other people's dc. ...
Stick to what you absolutely believe is best for your dc.
I did, took me 4 years for exh to get nc at all.
Worth every minute.
Go through everything /every paper with a highlighter, bring anything that isn't a fact to the attention of your solicitor.
Cafcass senior officer /dc's appointed legal guardian admitted on the stand on the day of the final hearing - 4 fucking years on - that he had based his ENTIRE REPORT on information gained from exh!!
He lost.

And hope that man was fired.
Regards to you op.

Quandary2018 · 25/11/2018 15:26

Cafcass are apparently going to ring me tomorrow to arrange a time to come and speak to the children re having to give contact a go because of their- especially the eldest- very strong, negative reaction to being told hed have to
I think I’m going to ask them outright what they’d be recommending had the judge not directed that they had to make provisions for direct contact- if they say, which I suspect they will, that they’d be saying indirect only then I’ll ask that they make the court aware of that because that is their job at the end of the day.

I will be outlnging everything that’s been ordered and everything that exh hasn’t done, I’ve already started highlighting the previous reports to show how ordering this referral contradicts all that’s gone before.
I want my children to feel safe, they don’t, so I’m not going to support it. They’re finally happy and settled and I’m loathe to disrupt that when exh has done nothing to further his cause.

The current situation is untenable, exh shouldn’t be allowed to show up at hobbies without consequences- it makes the dc worry, it puts me on edge knowing I’m being watched and I always have the youngest with me and have to keep her away from him so as to not break the order myself. Makes the whole thing very stressful

OP posts:
snownsunshine · 25/11/2018 16:00

I know this sounds simplistic, and doesn't in anyway solve the whole problem, but is there anything which you yourself could do which would reduce the turning up at the activity thing? That sounds like the most stressful for the children.

For example, if someone else strong but neutral took them instead of you? Might stop him turning up if its just to get at you. Or if you stopped going for a few weeks so he wasted his time a bit?

Quandary2018 · 25/11/2018 16:03

Ive tried that before, just dropping off and then coming back at pick up- he refuses to let dc leave with anyone but me so I can’t ask anyone else as it just gets nasty. He’s called people names and threatened them so no one is really willing to help anymore and I don’t blame them

OP posts:
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