This is my first post so please bear with me. I will try and keep it brief but include the facts so far.
November 2013 I met my now ex partner and father of our child. she is now 3 1/2.
October 2017 we separated however continued living together whilst the house sold.
April 2018 I moved out due to ex being unreasonable, consuming excessive alcohol around the house and being more and more volatile
October 2018 ex took child over the agreed time schedule.
December 2018 I instructed mediation.
Feb 2019 mediation broke down.
Feb I contacted solicitor to make court app for Child arrangements order.
September 2019 legal aid approved due to domestic violence within the relationship.
October 2019 schedule 2 by cafcass and FHDRA attended which instructed schedule 7 report.
Feb 2020 CAFCASS report filed and DRA hearing held.
Contested hearing set for May 2020.
The reason for my post is this, during our relationship and after separation my ex has subjected me to domestic abuse in the form of coercive control, financial abuse / control, sexual abuse (pressuring me for sex when I've said no) leaving evidence of masturbation around the house for me to find in order to belittle me/shame me for not fulfilling his needs. as well as threats of physical violence towards myself and family members all whilst our child has been present.
I attended court today and they have dismissed all of my concerns regarding the risks surrounding contact stating that the domestic abuse I suffered and continue to suffer is 'adult conflict'. They refused my request for a fact finding hearing and have stated that the status quo (50/50 contact) is to remain.
50/50 contact was never agreed, ex took our daughter and refuses to bring her back claiming she is half his.
6 months ago I attended to collect our daughter and he was drunk and he damaged my car whilst my daughter and I were inside. this was reported to the police.
CAFCASS have completed their section 7 which states that contact should remain as the child is currently thriving, showing no signs of favouring one parent over the other and that the father has shown remorse for the incident last year.
My issue is that they have minimised his alcohol misuse, not mentioned his extensive criminal record (5 convictions relating to alcohol related assault/gbh, 2 cautions for battery and 2 convictions for drink driving) the most recent being 2015 where he hit a person over the head with a glass object. as well as the incident where he damaged my property.
how can the report ignore my domestic abuse claims and take his statements as fact? I have years worth of proof of the abuse I suffered yet the court are not willing to investigate further due to them claiming to be 'historic'
I am due to attend a contested hearing in May and my final chance to have the CAFCASS recommendation ruled against (which I know is rare) I have to prepare a statement. they have already ruled against a fact finding hearing so I cannot use this opportunity to make allegations against my ex however I can use my experience to validate my fears/concerns over contact.
Has anyone any experience of this? how they handled being cross examined and how they can make at least one person listen to me?
CAFCASS claim that the child is thriving, this is because I have always protected her and hid the issues from her, he has not done the same. this includes threatening me whilst she was present, badmouthing me and telling her lies about me, so much so that she repeated one of these lies to the cafcass officer.
I have legal aid however I have been told that if I do not compromise at the final hearing they may remove it. any help or advice would be greatly appreciated.