Urgent help needed.

[bubblesyousay]

A few months back I fled the family home with my child due to domestic abuse.

I was staying with friends and my ex was visiting me there as I was still in the appeasement phase.

I realised that he was still controlling me so I moved back with my family to a different city. Contact with his child has ceased as he was abusive to both of us.

I had a call from CAFCASS yesterday. No idea about the appointment and they've told me it's regarding the court date on the 25th. I had no idea about this and have had no time to prepare. I've still not received any paperwork, will be unrepresented as I haven't had a chance to apply for legal aid (I'm on 0 pay maternity leave and victim of DV so likely I will be eligible according to solicitor).

The court hearing is apparently in the city I was living in before, about 150 miles away. I've emailed them and am waiting for details.

I'm so unprepared. No idea what it's for (I'm guessing child arrangements).

I don't know what to do. How to prepare. What's going to happen. I'm scared because my abuser will be there.

Can anyone advise?

Bumping

Bumping

The hearing should take place in the court nearest the child, so my first advice would be to contact the court, explain you’ve had no notice of hearing served, and ask them to adjourn and to transfer to the child’s local court... if it’s safe to do so, of course. Does you4 ex know what city you live in?

You will need to have an interview with Cafcass which is usually done ahead of court over the telephone, where you can explain your concerns, and they will carry out other safeguarding checks through police and social services then provide the court with an initial safeguarding letter, which you’ll get a copy of, detailing the issues raised for consideration.

The court won’t do anything without this letter anyway, and I can’t see that it’ll be done in a week.

You might want to visit a solicitor and find out about legal aid, start the ball rolling.

It’s going to be okay. Well done for leaving, you must be an incredibly strong person and in time you will see that.

Please contact Women’s Aid. They will be able to support you in how to access support, as well as advice in contacting CAFCASS back to explain its a DV situation. You do not have to see your abuser in person, courts have measured to prevent this from happening which you are entitled to. It’s likely that the court date will be postponed.

I know this will be a difficult one, but your custody case will be significantly stronger if you are willing to report the DV to the police. Women’s Aid will be able to help you with this.

Nothing useful to add, just sending you a handhold lass.

Thank you.

I spoke to the police but they weren't interested in the slightest. The guy told me I was safe as he wasn't a physical threat to me as I had already left. It's all in the past and that I don't have the evidence to realistically prosecute. Fair enough I guess.

I have a non molestation order against him. I did it myself and it was awful. Had no legal help but it worked. So I guess that's something.

I fear that CAFCASS and the courts will believe his lies over me. I'm scared for my son.

I've tried phoning the court but no answer. I'll try again.

Please contact Women’s Aid or Victim’s Support before the court. They are highly experienced and will guide you through the process. This will make things significantly easier.

Free Helpline: 0808 2000 247

Keep trying. You're being so brave and strong, and you're doing everything right.

Also second the advice about getting in touch with Women's Aid.

You must be served with notice of the application at least 2 weeks before the hearing date.

Unless the court has made an order abridging time for service if I were you I'd write to the court (unless you've done so already) explaining that the only thing you know about this application is what the cafcass caller said to you, and you have not seen any court papers.

Twll them that under FPR 2010 PD 12C (2.1) you are entitled to at least 14 days notice www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_12c

Thank you @Collaborate (and everyone else!)

Unless the court has made an order abridging time for service

Would you mind explaining what you think mean by this?

Abridging time for service is when the judge orders that short service (ie less than 14 days) is still effective.

You'd still need to be served though.

Make sure you ask for a transfer to your local family court. The judge should do that as a matter of course.

Thanks @Collaborate - the trouble I'm finding is that I'm having to do everything by email which they aren't responding to as I don't have a case number. Without a case number they can't do anything over the phone. Fair enough but I just hope they pick up my email. It's an excruciating wait.

Can you call CAFCASS back to get the case number?

@MrsBertBibby I'm scared to pester them as they essentially are going to decide the fate of my baby 😥 I'm an anxious mess to say the least.

Does he know your new address? If not, you can give it to the court on form C8

www.gov.uk/government/publications/form-c8-confidential-contact-details-family-procedure-rules-2010-rule-291

But you need the case number of course.

It's really not pestering! They won't mind at all!

You should also give the Court the case number for the non molestation order so that file is joined up with the child case.

You also should start working on a form C1A to provide details of his violence and other concerns

www.gov.uk/government/publications/form-c1a-allegations-of-harm-and-domestic-violence-supplemental-information-form

That's so helpful @MrsBertBibby - thank you so much 🙏

Pleasure. Good luck!

I believe if you have a non molestation order that qualifies you for legal aid.

Well done for leaving and good luck

@Boneshere the problem is that it's still means tested and can still take up to 6 weeks to process.

And that in itself is a good reason to ask for a fresh hearing in your local court. When you email explain you are likely to be eligible for legal aid and therefore should have time to get your certificate in time for any hearing.

If you are really scared of being near him you can also ask for special measures. A separate waiting area, screens in court so you don't have to see him or him you.