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Advice needed

You're separated now, you can apply to court for an order. Having to see your child at ex house is increasing conflict - you should be able to see your child somewhere else, away from ex, even if not your home. If you live in a shared house you'd need to be able to show it was a safe environment. Up to date electricity checks etc and no-one else can access your daughter. Or take your daughter to someone's house - eg a parent?

It sounds like she will almost certainly make allegations against you. And you'll have to jump through some hoops to get a final order and wait for them to dismiss her allegations. I can understand your fear of that made you decide to report her. And perhaps that was the right thing to do - but ultimately the view will be - you're separated - you don't need to go near her. If you want to see your child SS will see that as a court issue.

There is a big danger here - if you make allegations about your ex (and she will almost certainly make some about you), Cafcass will treat it as "conflict between parents" which they consider harmful to the child. However much you want to be believed and justified, it is better to play the court application straight and keep to the mantra "I just want my child to have happy loving relationships with both parents".

How to get over things. Counselling could help. Sadly the way the family court system works, you don't get any sympathy or understanding - Cafcass believe Mothers are the most important thing to children - and Fathers should also be involved - if it's safe to do so. They will never take the child away from the ex and give them to you. Unless she actually gets arrested for child abuse or something. But they will consider it's not safe for a Father to be involved if there is "conflict between parents". So the way to get results is show that you are keen to co parent amicably and not bring up fights and abuse etc. Courts generally accept that with a break up there are arguments and hostilities. But if both sides accuse the other of abuse, it doesn't matter who is right - what matters to them is that it will cause conflict to the child. While that is true, the thinking can be slightly skewed. Because the irony is, a good court order in place can prevent conflict between parents. Minimal communication needed, both parents follow the order. If she doesn't you enforce it.

It can become a very long convoluted process with fact finds, Section 7's etc if you both make allegations.

Right now my suggestion is you try and get some counselling for support, and contact the Mankind Initiative who offer support to male victims of abuse and also some advice.

Also start mediation, get signed off and put your C100 in (I doubt mediation will work but you're expected to try it and having a MIAM - first appointment on your own - is a legal requirement). In your wording - keep it child focused and don't say anything negative about the ex - let that out on here instead.
 
@Ash thank you for your reply...

Another question: from a legal point of view, what can happen to me if I can`t see my daughter on my day with her?

Unfortunately, I don`t have any option where to see my daughter. Is there any rule based on we can determine how much I can/have to see my daughter? I mean she wants to tell me when to see her, and under what circumstances... can I choose a date, a fixed one?
What if I can`t prove she is safe here with me in the shared house ?

Does the law say anything related to children so young(15 months old)? I mean their best benefit is if they stay in a familiar environment they like and enjoy. She still sleeps 2x a day, she likes her own bed... etc
 
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You apply for a court order and request what times/arrangements you want and it's determined by the court. If the child is under two and being breast fed it may not be more than a few hours a couple of times a week. Or a full day and a few hours one afternoon/evening for example. But by the time you get to a final hearing your daughter may well be nearly 2 or at least 18 months so it's worth applying for a standard order, which is every other week-end and one midweek overnight - plus half school holidays when she is old enough to start school (you need to think ahead!) And a couple of weeks holiday a year meanwhile. Probably asking for this to increase gradually.

Your daughter doesn't need to sleep in her own bed. She can have two beds - or you can take her blanket with you etc - it's the bond with the parent that's more important than the bed. Children that age will happily sleep anywhere sometimes. My son used to fall asleep in the car seat and I had to wait till his nap was finished or he'd be too grumpy.

It takes a mental shift. You're not a couple any more. You're separated parents. The child has a right to a significant and regular relationship with both parents - provided there are no welfare issues. The skewed bit about family court is, even if you are the "victim" it is still a welfare issue and if there are welfare issues they sometimes leave the child with the Mother and minimal time with the Father - which makes it hard to build a bond.

What's considered important for a child's welfare (apart from there not being any conflict the child is involved in or witnesses) is routine. A regular schedule. So they see you the same days each week. Child has two homes and two different lives basically.

You need to protect yourself too - if you keep going to her house to see the child and she gets hostile, she could accuse you of something.

I don't mean to sound unsympathetic but a lot of outside agencies, if seeing a video of the ex shouting at you, would class it as "an argument" even if it's one sided. All they think about is - this is bad for the child - not the effect on the parent/s. They think parents are adults and responsible for their behaviour and children need to be kept away from this kind of stress and conflict.

So that helps understand the mindset.

How has it been left for you seeing your daughter. Does she still want you to look after her when she's working? That in itself shows there are no safety risks with you - she's happy to leave child in your care. So the big label to avoid is "conflict between parents".

I think you need to apply to court asap. The risk is - she may stop you seeing your daughter as a "punishment". If that happens you could try getting a solicitors letter sent to say she must let you see the child. It might be a few weeks before you get to see your daughter again if she does that, but she knows you and will remember you. You will get an order - be whiter than white, polite in all communications, bite your tongue, don't rise to the bait and let off steam on here.,

We can help with the C100 application. After that you're dealing with Cafcass until the first hearing. You can self rep with some help on here. It really helps to have representation for a final hearing though - eg a direct access barrister (better than a solicitor IMO and can work out cheaper overall). to make sure you get a decent order and no dirty tricks. Most ex's will make allegations so they can claim legal aid and get free lawyers.
 
So google family mediators in your region, phone round them and get a MIAM appointment booked., You talk to the mediator on your own, and the mediator then invites your ex. In the meantime you could maybe message your ex and say you want to try and resolve things and wonder if she will go to mediation. so she doesn't get invited out of the blue. It's probably an idea to have a C100 filled out and ready to go before the mediation n starts, because most Mothers these days know that a request to attend mediation means you're intending to apply to court!
 
I just contacted a mediator, tomorrow will call them and I will fill up a C100 and will text her about this mid-next week probably. I doubt that she will agree or we can have an agreement on mediation.
Just to see if I undestand this:
Step 1 - MIAM
Step 2 - Fill up C100
Step 3 -?

P.S. What will happen if I can`t bring my daughter to stay with me (legal point of view)? What if I can`t spend time with her because of circumstances
 
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I'd say

Step 1 - Start filling in C100 and have it completed and ready to go by the time you have the MIAM
Step 2 - MIAM
Step 3 - Contact ex and say you'd like to resolve some issues and try mediation - ideally straight after MIAM before mediator contacts her.
Step 4 - Mediator contacts ex to invite her to next mediation session
Step 5 - If ex declines, ask mediator to sign you off asap and submit C100 immediately you have the mediation sign off. If ex says yes but messes about over arranging an appointment or cancels or postpones the appointment, and doesn't go within 2 weeks, ask to be signed off as before and submit C100.
 
Meanwhile try and keep things low key and amicable with ex. Avoid any tit for tat - act perfectly pleasant as best you can. ie try and keep her onside even if you have to pretend - hopefully she will still need you to look after your daughter while she's at work.
 
I will print the C100 and will start filling it up, thank you for all the advice and guidance.
Any particular thing that I should pay attention when filling up C100 ?
 
Some tips in the legal resources section at the top - I've linked them here. First one is for filling the form in - it's not finished but gets you through the main parts of the form. Second one is tips on how to write things for section 5b. It can be an idea to ask someone on here to check it over - helps to have an objective view - especially for 5b. I'm happy to look when you're done if you message me.


 
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