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So fed up with the court system

47 replies

snowflakesandstrawberries · 12/01/2017 14:39

This is going to be a lost ranty post to complain about the injustice of court and to panic about losing my babies!

Left abusive exh in 2012. He vanished, then started court proceedings in late 2013 saying I had taken the children. DC refused contact. He denied DV. After psychologist report and cafcass interviews, FoF was stated as not needed and court agreed he had assaulted me on just 3 occasions but that had no relevance on the case and I had to stop referring to it.

Contact centre was set up. DC continued to refuse contact. Returned to court. Contact was increased, and to be at exh home. DC refused to go. Returned to court. Contact was to continue, I had to take children to him and leave him there. DC ran off and were generally hostile to him continually. Returned to court. Threatened with enforcement. Exh assaulted DS, I reported to police, exh denied. Returned to court. Contact time increased. Exh has now had me labelled as implacably hostile. DD remains unhappy at not seeing friends, not being allowed out (cafcass describe my taking them out for days out as doing it on purpose to make dad look bad!), extreme poor state of house, abuse continuing. DD calls childline. Other parents make reports to organisations. Return to court, where it is recorded that I made these people, including DD do this. Enforcement threatened, including switch of residency. DC becomes ill on exh day of contact, so I "force" him to take a day off work to look after her. Return to court. Change of residency threatened. Given a last warning that if anything else happens then the children will be removed.

Then I was assaulted in front of the children. I stupidly reported it to the police as I was injured (continued pain six months later). Surprise. He denied it. We are now returning to court, with the application saying I have made contact unworkable with my constant allegations and it will never work. As the police recommended, I contacted nspcc, who contacted SS - this has been described as me getting any agency to try to collude with me. SS contacted cafcass, who told them that it was being dealt with and this was historical so no need for them to be involved. Also, because the police records show that I informed them of previous dv when asked, I have broken the order that said dv never happened. At the first hearing, the judge called for reports etc and then ended with "and let's see if snowflakes can manage to not call the police again before then". He wants the children to be removed, with possible contact with me on a Monday and Tuesday.

I'm terrified I'm going to lose my babies. The DC hate being there, will have to move to failing schools and will never see their friends or maternal family. They have no toys there and aren't allowed out. They literally sit on the sofa all weekend waiting to come home. They aren't getting a say in this, as cafcass haven't seen them for over 18mths yet report to court that she sees them all the time and have a good relationship with them. When she does see them, she just chats about other stuff and never mentions dad.

To add to all this, he is fully funded by LA. I'm now in debt.

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snowflakesandstrawberries · 12/01/2017 18:51

It's in an order that she is not to be changed, also that the judge is to remain the same.

Are you allowed to discuss ongoing cases with MPs? You aren't allowed to share details out of court.

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snowflakesandstrawberries · 12/01/2017 20:04

I don't think there are any answers really. I just wanted to rant about it because I feel like giving up. I don't want them sending away.

They would have to travel four hours a day to go to school, or move to a failing one - currently at the best school in the area. They aren't allowed friends there. The house is of a horrifying standard. They aren't allowed out. They have no toys, furniture except a bed in their room, they don't do anything there, he doesn't encourage hygiene or decent eating. And he remains abusive to us all!! Just everything. And no one cares.

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FV45 · 12/01/2017 20:08

Rights of Women are a brilliant organisation and can offer proper legal advice (if you're in England & Wales).

Good luck trying to get in contact with them. I tried and tried and tried and never once got more than an answer phone message. I know they are a voluntary service and sadly in high demand, but it actually caused me more frustration failing to get through.

NewNNfor2017 · 12/01/2017 20:48

They have no toys, furniture except a bed in their room,

If Social services/CAFCASS reported this, did they explain why it was not considered a concern ?

HopelesslydevotedtoGu · 12/01/2017 20:58

Was there a Solicitor MNer who said she would help you on a previous thread? Did anything come of that?

snowflakesandstrawberries · 12/01/2017 21:05

No one has seen his house. Photos taken by DD have just been dismissed as "mother made her take them".

Sadly nothing came from that offer.

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Starlight2345 · 12/01/2017 22:03

My heart goes out to you and your children.

I am fortunate my abusive ex is scared of people seeing his true colours so once a few issues were uncovered withdrew from court.

I wish I had some answers the only thin that comes to my mind would be talking to a psychologist who would be independent but obviously takes money and time.

snowflakesandstrawberries · 12/01/2017 22:12

Anyone know anything about how going to the MP could/would work?

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UnbornMortificado · 15/01/2017 01:04

Snow just to let you know I've been thinking about you are your DC Flowers

snowflakesandstrawberries · 16/01/2017 14:47

Thank you. It's just a horrible waiting game at the moment.

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UnbornMortificado · 16/01/2017 14:55

Has there been any improvement or changes?

Your doing so well making sure your doing the best for your DC. I'm sure they realise this.

snowflakesandstrawberries · 16/01/2017 16:11

Contact continues to be horrendous. We have a court date. Awaiting to see if cafcass speak to us before they write their report.

So not really any change.

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snowflakesandstrawberries · 17/01/2017 20:49

DS returned from contact saying he wished he had been at home. He's never said that before.

DD spent the weekend at her mates.

The torture continues awaiting the cafcass report and if we will get a chance to speak.

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HopelesslydevotedtoGu · 18/01/2017 13:26

I don't understand why your cafcass worker won't see you again to make an updated assessment

snowflakesandstrawberries · 19/01/2017 12:31

She just pretends she has done usually.

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snowflakesandstrawberries · 19/01/2017 12:32

And now for today's highlight...

I have to provide the court with a valid reason why my mother will not look after DC during the court hearing , which is occurring during ex contact time, or they will be questioning why I am obstructing the court process!!!

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Ilovecaindingle · 19/01/2017 12:41

Please email your MP. The email will get to them pretty quick. . I think you need a change of legal team also.

Please see your Dr to emphasise how this is all affecting your mental health. Surely it is ALSO YOUR RIGHT to enjoy time with your kids not living like this?? Is your health visitor involved? School can also right reports which can be used as witness statements. .

snowflakesandstrawberries · 19/01/2017 16:02

School have been informed by cafcass that mother is against contact and influences the children's thoughts so they don't need to take action again in the future.

I'm not sure about emailing my MP, as the clause in the court order makes sharing information on it, contempt of court - anyone know the actual law?

I can't change my legal team as I have been criticised about this in the past by the judge, deeming it as time wasting and doing everything I can to get someone to believe me.

WRT my mental health, it did make me ill, for which ex had a safeguarding referral done, which recommended that the only issue affecting anyone is the constant return to court and it needs to stop immediately. Cafcass skates this report, saying she didn't know the full history, and that it wasn't to be taken into account.

I feel like I'm missing out on enjoying my children both by having this constant constant crap when they are here , as well as having half their time with him and me worrying. It's been three years, I've almost got a teenager now and it's all just ridiculous.

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snowflakesandstrawberries · 19/01/2017 16:03

Slated not skates. Autocorrect.

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snowflakesandstrawberries · 01/02/2017 19:14

I am absolutely furious!! Cafcass cannot do their report as they are saying mother has been unavailable to complete it. Cafcass only contacted me yesterday for my availability and have today filed this with the court, blaming me.
We now have to attend the original hearing to explain why I haven't allowed her to write her report, then have the actual hearing in April (at least) to have her reports/decision.

I can't take much more!!!

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Ilovecaindingle · 01/02/2017 19:21

I feel for you. I ended up 7 stone not 9 and had ptsd after my ex had dragged me through court for 4 years. . I hope you have support in rl and look after yourself - it's hard to stay strong xxx

snowflakesandstrawberries · 01/02/2017 19:31

It just feels like it will never end. I have support but I feel like a broken record moaning about the same crap for years. I don't know how the hell this is allowed to go on and on.
I was the one assaulted!! I should be able to report that ffs.

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