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Viewing 10 posts - 16 through 25 (of 25 total)
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  • in reply to: My story! Direction required #6352

    jazilian
    Participant

    Hi,

    In short:
    dec 2014 Non-molestation with false accusations > In court I Denied allegations the magistrate gave me the option to either to present counter evidence 2 weeks later and take undertaking until then .. or if i dont take the undertaking then the will make a judgement based on the evidence in front of them (mother allegations)
    I took the undertaking which was to stay away from the mothers residence and not contact her (for 2 weeks)… which i never did in the first place.
    I submitted my evidence to court (usually 7-10 days before hearing) my evidence was airtight, i addressed every single point and was HONEST, luckily.. i had evidence to prove my whereabouts (iphone gps, registered oyster card journey, worksheets) which contradicted the mothers statements.. and it also helped that she contradicted herself.
    when i turned up for court her barrister was constantly trying to get me to sign an extension of the undertaking to avoid going into court saying that they would find me guilty…smh well i denied and proceeded into court
    when i went into court and the barrister withdrew their application (because of the overwhelming evidence.

    NO undertakings are not forever, the length is stated by the court as are terms and conditions.

    I was advised to make it CLEAR to the court that I was denying her allegations and was only agreeing to an undertaking so that the court would not make a ruling against before my evidence is presented at a later date.

    Hope it helps, good luck”

    • This reply was modified 9 years, 1 month ago by  jazilian.
    in reply to: Can anyone Help? Court Orders breached access stopped #6351

    jazilian
    Participant

    I am self representing for contact for my first daughter since feb 2015, she is now 18 months.. i last saw her when she was 10 months old since mother breached original order in September and has not appeared in court the last 3-4 hearings!

    From my little experience its goes in this order: Court order >breach> enforcement order >breach> enforcement of an existing enforcement order > (all via c79 form) If you can prove that you earn less than around £1200 per month (via EX60 form accompanied with 3 months bank statements), you will not have to pay for court applications.
    They always threaten arrest and fines to the parent who breach the terms of these orders.. but is rarely followed through. More of a scare tactic.

    In my case (ongoing) it went like this;

    to cut a loooong story short; i applied for an arrangements order (feb2015) with custody and allegation of child abuse to her older son. CAFCASS are involved
    they found no fact to allegations on both sides so contact commenced unsupervised (my daughter was 6 months)
    The mother always made it difficult and was not consistent and breached the orders on many occasions.
    She finally stopped contact altogether (sept2015). (after her solicitor resigned in fear of “professional embarrassment)
    she no longer had legal representation.

    I applied for enforcement… they write the new enforced order and attached a penal notice and threats of arrest, imprisonment and fines.
    she didnt turn up to court the next date (even though the order threatens arrest and fines)
    They accepted my proposal to extend contact in her absence and set another court date; THE MOTHER IS NOW IN CONTEMPT OF COURT.
    Next court date (still no contact) …. she didnt turn up to court (even though penal notice and threats of arrest, imprisonment and fines)
    the judge requests a section 37 social service report to assess mothers care of children for next hearing. i questioned the judge about the penalties for her repeatedly breaching the orders, he went on to say that “THE FAMILY COURT HAS NO POWER OF ARREST” AND THAT i WOULD HAVE “INVOKE THE COURT” AND APPLY FOR A COMMITTAL FOR HER ARREST FOR BEING IN CONTEMPT OF COURT, AND THAT I WOULD HAVE TO WRITE A STATEMENT AND GET IT STAMPED/AFFIDAVITS and this was an option i could take leading up until the next hearing if the mother fails to appear in court again and contact does not resume.

    The judged warned me that applying for committal once it goes through, it then becomes a criminal matter where they will arrest her if she fails to appear for being in contempt of court, which will be a seperate matter aside from the family proceedings and that residency will go to me as the other parent.

    Well tomorrow is the hearing.. its actually in the afternoon which is a first. Social services Section 37 report is complete which outlines most of what i had been saying from feb2015.

    and i am still sitting on this committal for arrest form which was apparently difficult to find.. according to a solicitor who contacted the local courts on my behalf trying to get information about it.. apparently its really old she said ???

    the forms are;
    N40A(HC) Warrant of arrest for disobedience etc
    N40A Warrant of arrest for disobedience (order to attend court for questioning)
    N40B(HC) Warrant of committal for disobedience
    N40B Warrant of committal for disobedience etc

    in reply to: Seen my 20 month old daughter for 2 hr in last 7 months #5859

    jazilian
    Participant

    this is terrible.. i dont have an answer here.. i think their trying to go down the same route with me.. my situation is a bit differnt.. feel free to read guys, hope it helps. good luck!

    https://www.fathers-4-justice.org/forums/topic/so-far-weekly-contact-false-allegations-solicitor-professionally-embarassed/

    p.s. i have replied to some other posts too.

    C. Hamilton

    in reply to: 2nd Court Hearing advice needed #5857

    jazilian
    Participant

    Sad to hear man.
    i never got a reply from f4j but i did learn some stuff the links.. i am in a situation since feb this year. I am 31, married, first child, she is 1 now.
    i get to see her only 2 hours a week. ex tried the saaaaaame thing. only difference is i moved out before she could throw the first punch.. my issues was her abuse of her son 12 and religious convictions (jehovah witnesses) and other issues..
    she applied for a non-molestation order against me to get legal aid for abuse..but i presented my evidence in court such as text messages and pictures and family statements all corroborating… she withdrew her application and i proceeded with mediation and then contact order representing myself.

    the mother still has legal aid.

    In UK family courts in order to qualify for legal aid, you must be a claim to be a victim of abuse and earn less that about £1200 per month

    In my case in the beggining i almost got legal aid because i claimed abuse from my partner in the way of false allegations made, not seeing my daughter… I said was sick due to stress at the time of break-up etc. i needed the doctor to write a note just saying that my sickness was a result of stress levels and depression in that period.. she was reluctant to do it as she said doctors are very busy with patients not court issues but i convinced her and she referred me to an over-the-phone psychologist.. i think provided by NHS. they did an initial assessment which enabled the doctor to write the note. As well as being reluctant, she said there would be a £36 or so charge.. I was also in contact with Legal Aid who were in agreement to this after i did the “means test” to prove that i could not afford legal representation.. all i needed was the doctors letter saying my illness was the cause of stress in that particular period in time..

    I didn’t pursue it any further as i had been already representing myself in court… BUT it sounds like you may be eligible for legal aid if you went through the same route i did because you actually were part of a mental help group on record.. maybe your case will be stronger..? maybe u might be able to get a referral from a doctor as well.. and don’t take no for an answer just ask for them for a referral to get assessed and explain your situation because by right you DO REQUIRE legal aid (hate this system!). Contact Citizens advice!! and try and get legal aid or pay for some legal advice.. the system is SHIT.. and i am doing all in my power to see my daughter… by myself really.. i only have 1 family member who will assist me with my statements in courts… everything else is internet and that “father gene” 😉

    I would definitely do the alcohol toxicity test! they already have the non-molestation and restraining against you. do not give them anything further!… i was accusing of smoking weed which was not true and i agreed to everything to clear myself so that they would focus on her and expose the inconsistencies of her stories. BE CONSISTENT, TELL THE TRUTH.

    To explain more, i just made this post here my case from start till now (very briefly).. hope it helps. Good luck! peace

    https://www.fathers-4-justice.org/forums/topic/so-far-weekly-contact-false-allegations-solicitor-professionally-embarassed/

    C. Hamilton

    • This reply was modified 9 years, 7 months ago by  jazilian.
    in reply to: Fed up with ex-wife making things so difficult #5856

    jazilian
    Participant

    its stressful all around smh.. I have not much experience in this but from my little understanding, if you were to apply for a court order to enforce the 50/50 shared custody (depending if u made the agreement in or outside of court.. then i am not sure if you have to apply for shared custody?)
    i would personally record (as far back) and make a log of everything, days/hours with son, moneys spent, message logs, event diary.. as much as possible and work out on a monthly basis of average total money spent vs total hours spent with child vs total hours lost from missed work = total moneys lost vs mothers total time spent with child.
    when you add it up on paper and it will become more clear.. and then write what you are proposing to change in the current arrangement between you and your x..

    I also need help. I recently made this post, all the best, please check it out.

    https://www.fathers-4-justice.org/forums/topic/so-far-weekly-contact-false-allegations-solicitor-professionally-embarassed/

    peace

    C. Hamilton

    in reply to: Require advice on local legal help to see Son. #5855

    jazilian
    Participant

    I am in london UK. i know the laws are different with wales.. not sure in scotland? here u have to be named on the birth certificate to get a court order for contact. Are you named on the birth certificate..? if so we are advised to go through “mediation” before applying for a court order for contact which is a requirement.
    mediation is about $130 initially.. i am in london uk. here you cant get legal aid unless to claim abuse.

    do a Google search for “parental rights Scotland” that should help.

    I just recently made this post of my situation. please take time out to read and hope it helps.

    https://www.fathers-4-justice.org/forums/topic/so-far-weekly-contact-false-allegations-solicitor-professionally-embarassed/

    all the best, peace

    C. Hamilton

    in reply to: Messy break up PLEASE READ and help #5854

    jazilian
    Participant

    I say again.. the system is shit! smh

    I empathise with your situation. I personally think your x’s is heavily influenced by the maturity of her new partner. she now treats here priorities and responsibilities like that of an 18 year old.. but i am no psychologist,
    I am still in shock from reading all posts on here and coming to realise the common patterns in x’s mental behaviours.
    i too am in a situation where i was stopped from seeing and being at the birth of my first child and false allegations being brought up.. i am 31. my daughter is now 1
    i just now posted a condensed log of my case up till today. we really need to get something done. I am sick of this shit.. and i am only “11 months deep” smh

    presently i get 2 hours a week access. heres my post;

    https://www.fathers-4-justice.org/forums/topic/so-far-weekly-contact-false-allegations-solicitor-professionally-embarassed/


    jazilian
    Participant

    My above advice is only if your son in law cannot agree with his mother a suitable arrangement for both outside of court. he is SUPPOSED to have the same “parental responsibilities” as the mother. and the child has rights to have access to both parents.
    I think i will go the route of shared custody.

    regarding birth certificate. I believe we have the right to apply to court. the cafcass and from my own research is that the biological fathers has the right to be named on the certificate.

    in my situation, we are still married so automatically i am supposed to be named as the father and the baby with my last name.

    the mother spitefully put her maiden name as the babies last name and did not name me as the father on the birth cert. i have yet to apply to court separately as a clerk told me… but different officials have different opinion or lack knowledge.
    The law states that in marriage legally the baby’s last name should be that of the mother or fathers.. since they are married their last names should be the same or double barrelled

    C. Hamilton

    • This reply was modified 9 years, 7 months ago by  jazilian.
    • This reply was modified 9 years, 7 months ago by  jazilian.

    jazilian
    Participant

    He needs to go through mediation (about £130), usually they give the resident parent 2 weeks to respond. if that is unsuccessful then he has the right to apply for a contact order in court, he can represent himself or get legal advice (costly).
    This can be a loooonmg drawn out process.. the system is shit but i am trying.. in a similar situation.. spite is an understatement!

    I recently posted a realllly condensed log of my case to date:

    https://www.fathers-4-justice.org/forums/topic/so-far-weekly-contact-false-allegations-solicitor-professionally-embarassed/

    hope it helps x

    C. Hamilton

    in reply to: Ex wife threatens to go against court order #5847

    jazilian
    Participant

    Man that totally sucks..

    I am trying to get help too but never got a reply to my post here mooooonths go..
    During my case i have meticulously recorded evidence in the form of documents, letters, text messages, photos (time/date stamped),videos (time/date stamped), travel receipts, gps data etc. and whenever preparing my statements before a hearing, I make a log and (email log, contact log, video log etc) in my statements always refer to the log.

    My situation is:

    29 January 2014 – Married my wife with her 12 year old son and pregnant

    during relationship before marriage wife was physically and metally abusive to son. this was a point of contention for a long time until she calmed down. it resurfaced now and then from my knowledge.

    wife (unemployed) previously faced eviction on multiple occasions for rent arrears. i aided in confronting bailiff on grounds of not following due process providing notice of eviction and got the matter back into court,
    wife got involved and influenced by anti governmet protest group Kilburn Unemployed Work Group (KUWG) and the relationship broke down over disagreements in the methods she was engaging in.

    after 4th bailiff visit wife was evicted and rehoused in temporary accomodation aided by myself, a police officer and a member of KUWG

    wifes mother who is a strict jehovahs witness came to stay with wife for 2 months from overseas after not seeing each other for 12 years

    18 august 2014 – i agreed to move in with wife under pressure of mother-in-law and wife

    27 august 2014 – Seperated; wife became abusive, sent text messages, i moved out of her temporary accomodation after only 9 days saying i would return when mother holiday was up. she cut off all communication

    28 august – 7 october 2014 – tried multiple times (even on due date visited hospital, they would not release info) sending text messages and call. one occassion my family members visited telling me she was very bitter and stated that they would soon find out what i had done to her.

    8 october 2014 – wife/mother sends pictures of baby girl, i send message asking when can i see her. wife/mother replies 12 october and to bring my passport and birth certificate

    9 october 2014 – Apply for mediation

    12 october 2014 – See my baby girl for the first time, visited with 2 family members. did not bring any documents

    13 october 2014 – wife refused access because i would not immediately post her my passport and birth certificate. (claimed she wanted to apply for babies passport) she cut off all communication again

    29 october 2014 – refused mediation final attempt

    29 october 2014 – paid for solicitor to make contact for 2 weeks and then make contact order if not succesful.

    7 november 2014 – received summons for court hearing for application of non-molestation order against me by wife

    27 november 2014 – heard allegations of harassment, stalking -called police 12 november (police report 17 november – never action taken by police), domestic abuse, drug abuse. I DID NOT agree to allegations and signed an undertaking until next hearing to present statement and evidence. wife represented by solicitor with legal aid.

    3 december 2014 – my solicitor filed application for child custody with allegations of child abuse (physical and mental)

    8 december 2014 – submitted statement and evidence

    10 december 2014 – wife’s represented by barrister withdrew application

    30 december 2014 – received court hearing date 24 febuary 2015

    17 january 2015 – Cafcass telephone interview with me and then some time later the mother/wife.

    22 february 2015 – ascertained that wife/mother has given our daughter her maiden name as her last name.

    24 february 2015 – cafcass present – mother continues allegations. she stated she does not want me in our daughters life until she is about 5 or 6, i dismiss allegations as not based on fact also reffering to previous withdrawn non-molestation order. court dismisses previous case and allegations on both sides saying contact is priority.. court gives me access for 2 hours a week takes precaution to get me to sign undertaking saying i will not take drugs or excessive alchohol 24 hours before (i have no record). mutual party will facilitate pick up and drop off as mother says she feels threatened and never wants to meet with me. court demands birth certificate.
    next hearing date 18 june.

    27 april 2015 – mother denied contact multiple saying baby was sick – i make application an enforcement order and arrange for myself to pick up daughter as my third party was no longer available. court directed that I cannot enforce an order that i am attempting to change in respect to pick up and drop off… changed and made an application to change arrangements of the order.. and made complaints about missed sessions.

    1 may 2015 – mother/wife gets a new solicitor

    11 may – court hearing – mother/wife complained that daugher was distressed and i should not change childs clothes and demanded receipt of requested feeding to assure daughter was being fed right, mother told the court that i was driving illegally. court ignored complaints and i presented my drivers licence (lol). I complained about 3 missed sessions (6 hours) being replaced and contact time too short and should be for 4 hours, i also arranged for myself to pick up daughter as my third party was no longer available. court ordered that time would not be replaced or extended because they cannot undermine the time set in the original order until 18 june at next hearing. court instructed that any further sessions where baby is sick or unable, that parents will attempt to replaced missed session at another suitable date.
    court ordered that wife/mother assign 3rd party facilitate pickup/dropoff around the corner (on the side of the road) as to prevent me and the mother meeting. mother claims lost birth certificate and says that i am not named as the FATHER. court dismiss this and focus on contact.
    next hearing 18 june

    receive call from social services saying that mother/wife has made raised safeguarding issues about my care of our daughter. i explain the situation and history, notify them of the failed non-molestation order. social services apologises stating that i will not hear from them again as there are too many professionals are already involved in court and will be logged in their files.

    18 june 2015 – mother/wife continue allegations and complaints, her solicitor states that no agreement can be made and request section 7 cafcass indepent investigation before extending time. also handover to take place every other week at a contact center as wife/mother’s third party was only partly available.

    4 july 2015 – received daughter with stitches over right eye and bruises to left side of face. no explanation in handover book, only instructionss not to remove her clothes. i called police. the female officer viewed while i examined under her vest and limbs for further injury. no injury found. officers said i did the right. police visited mother. mother said that baby fell off the bed. police logged, no further action taken.

    24 july 2015 – visited cafcass at office – had interview, notified him i have video and picture evidence. cafcass outline the importance of being named on birth certificate.

    28 july 2015 – cafcass visited mother at her home.

    25 july 2015 – met with contact center coordinator before first (2 weekly) contact handover at the center. assertained and came to agreement that travel distance was to far for the opening times of the center and that the travel time allowed in the contact order would need changing. I agreed to cut the session short in order to arrive back in time just on that occasion. considered to apply to change of arrangements of the order again but due to the date of next hearing i was advised to wait it out and record evidence.

    1 august 2015 – mother denied contact to go to a 3 day religious convention. mother up until this point has denied about 7-8 session without replacing hours.
    solicitor offers 4 hour session on 15 august. i have no choice to accept.

    10 august 2015 – received email from contact center saying they suspended facilitating handover because wife/mother raised safeguarding issues. social services notified.

    15 august 2015 – contact went ahead for the promised 4 hours, baby picked up around the corner from wifes/mothers address (usual spot on the side of the road)

    22 august 2013 – no contact again (plus many unmentioned missed seesions) suspended every other week

    made enquiries to contact center and social services.. awaited details of safeguarding allegations
    her solicitor did not inform me even after i contacted her. later she said she was unaware of the details why the contact had been suspended and that she was seeking her clients instructions.

    13 september 2015 – received cafcass report – stated that baby seem healthy and not at risk of abuse. spoke with her now 13 year old son but deemed it unapprpriate to ask him if his mother beat him. did not recommend change of custody but did recommend extended time. cafcass that third party was unwilling to continue facilitating handover and in light of the allegations recommended that the next 4 sessions take place in a contact center un supervised to ensure baby is not in distress as reported by mother. cafcass said he was aware of the video evidence for every contact session but had not seen it. mentioned nothing about birth certificate.

    17 september 2015 received divorce papers from wife/mothers solicitor – they ticked all boxes for the financial stuff (I live with my mum! lolsmh)

    18 september 2015 – submitted my statement with contact logged as evidence and notified them i would be presenting video and pictorial evidence in court

    18 september 2015 – received safeguarding report from contact center coordinator – too disturbing to mention – (thank goodness i recorded EVERYTHING!)

    18 september 2015 – received wife/mother’s statement – continues rhetoric, baby distressed, lateness, abuse of third party facilitator, does not want contact to go ahead, do not want me in our daughters life at all etc.. does not mention safeguarding

    23 september 2015 – daughters 1st birthday and contact order states that contact for 2 hours to take place on this day. contact denied. no explanation from solicitor.

    23 september 2015 – submitted to the court and to the wife/mother’s solicitor a hard copy of supporting statement in response to mothers allegations and what solictor was instructed to do. included an email log between me and solicitor. included safeguarding report from contact center coordinator with counter evidence (mothers note in handover book). I still asked for time to be extended and that i had video evidence and that if the contact were to take place in a foreign environment then this will be a step backward in me and my daughters development if indeed she is distressed.

    24 september 2015 – wifes/mother’s solicitor states in court that she will no longer be representing her client in fear of PROFFESSIONAL EMBARASSMENT. wife/mother precedes to ask court for adjournment to find alternate representation via her legal aid as she cannot address the details of the submitted statements. court do not extend contact time and order that next 4 session take place in contact center and that i make referal. ajourned till october 16

    25 september 2015 – made a referral to harrow contact center. they tell me i have to pay for the services. the next contact was supposed to be tomorrow and i havent seen my daughter since 12 september. the court have done nothing when the mother breaches the order.

    wow! i thought this was going to be a quick comment… guess not!

    really shit system. I am going get all the names of the officials involved in the court so i can make a detailed complaint. maybe copy in an MP or 2..

    I am so disappointed i didnt get any replies to my post here some time ago.. although they have some good info that helped me.. I was looking for a response of some kind of connectivity or community… but I have had to go it alone and learn as quickly as possible along the way.. i say again; reallly shit system! smh

    I wish we had a bigger platform

    I hope this info may assist others. Peace!

    C. Hamilton

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