Advice on CAO, shared care schedule

[blindex]

I'm fighting my way through court with the ex. I've got a boy 8 and a girl 4. All the usual stuff, she left the home with the children, made false allegations of domestic and child abuse, NMO in place, etc. I did not see my children for nearly 6 months, went to a contact centre and the reports were glowing, judge progressed to overnight contact, and told that a Fact Finding Hearing was not in the best interest of the children.
I'm asking for shared care with the children spending every Thursday and Friday with me (overnight) and alternate weekends, so in a long week I'll pick up the children on Thursday after school and drop off them off at the school again on Monday morning. On a short weekend, I'll drop them at mother's place on Saturday morning.
I live literally 10 minutes walking from the school.
I also have been working from home since 2019
Is this a pipe dream? Unrealistic?

 

[Roblox]

Hi mate. All sounds positive.

Can't see why you wouldn't have a decent chance although I suppose it will also depend on the ex and judge on the day.

 

[blindex]

Thanks, ex is on the war path, scorched earth approach, continuing to make fresh false allegations at each hearing. So far I did not take the bait, I robustly rebutted all her non-sense with a lengthy statement and tonnes of evidence. I did not fight the NMO and it was recently replaced by an undertaking

 

[Ash]

Could you do Wednesday and Thursday nights? That would be 50/50 on a 2-2-5-5 schedule. So every Wednesday and Thursday night with you and every other week-end from Friday through to Monday. Week 1 would be Wed and Thurs nights. Week 2 would be wednesday night through to Monday morning.

The only issue I can see with Thurs and Fri nights each week is your ex wouldn't get a full week-end every other week-end so the court might not go with that (unless your ex agreed to it which sounds unlikely).

The way they look at it is - quality time (week-ends and holidays) is 50/50 as standard. Care time (midweek term time) can be equal or unequal but still be shared care/lives with both parents if it's at least 5 nights a fortnight (60/40). You still have the opportunity to set out exactly what you want at the end of your final statement. If you've already done that, then you can explain in a position statement, that, on reflection you feel the following would be best for the children and both parents - and set it out.

It can also be an idea to attach a draft order to your final statement with everything you want in it - so there are no ambiguities.

 

[blindex]

I like it, brilliant, many thanks. I guess I'm a couple of hearings from a final hearing so yes that is exactly what I will propose. Your advice regarding a draft order is great. I'm really thankful for your assistance.

 

[Ash]

You sound really motivated and confident which is good . When you say a few hearings away. What stage are you at? Assume C100 application gone in and you had Cafcass calls and first hearing is that right? Although you mentioned Judge going to overnights after contact centre so sounds like two hearings. So I’d have thought next one would be final hearing? Or have the other side asked for reports?

 

[blindex]

I had a FHDRA (1) , an adjourned FHDRA (2) , a remote contested hearing (3) and an appeal relating to the adjourned FHDRA. I have a directions hearing set for April. In this next hearing we were asked by the judge to provide our position regarding the recommendations made by Cafcass. Unfortunately Cafcass won't be able to produce the section 7 report ahead of the hearing and the interim contact order will expire. The mother has not raised any safeguarding concerns to my solicitor and interim contact is proceeding smoothly. I get the children after school on a weekday, and have them on alternate Saturday/Sundays during the day. Overnight contact was stopped because the family court messed up the hearings. The appeal judge put a stay on the order (2), but the stay did not arrive until two days before the third hearing. The judge in the third hearing did not want to progress overnight contact because of the stay. When the appeal was finally heard a week later (following the third hearing), the appeal judge did not grant my ex permission to appeal...

I'm relatively confident as so far proceedings have gone my way. The local authority was meant to write the section 7 report but the judge ordered Cafcass to take over because the judge found the LA's social worker treated my ex allegations as facts, and was siding with the mother. He went as far as to say that the mother was ostracising the father.

In all honesty, I'm not upset with my ex. I was expecting lying and deceit from her. I'm really angry and frustrated with the system which indulges a mentally ill individual in her fantasies. I actually came to admire the judges because what I've seen so far is a lot of professionals that just kick the can down the road and pass the bucket to someone else. The social worker, children's school, the DV charity that provided her with a letter that unlocked legal aid where all too happy to go along with her fantasies... What I'm trying to say is that the children and I wouldn't have to go through all this, if the professionals that saw her did some proper due diligence and investigation into her claims....

 

[StayStrong]

I had a FHDRA (1) , an adjourned FHDRA (2) , a remote contested hearing (3) and an appeal relating to the adjourned FHDRA. I have a directions hearing set for April. In this next hearing we were asked by the judge to provide our position regarding the recommendations made by Cafcass. Unfortunately Cafcass won't be able to produce the section 7 report ahead of the hearing and the interim contact order will expire. The mother has not raised any safeguarding concerns to my solicitor and interim contact is proceeding smoothly. I get the children after school on a weekday, and have them on alternate Saturday/Sundays during the day. Overnight contact was stopped because the family court messed up the hearings. The appeal judge put a stay on the order (2), but the stay did not arrive until two days before the third hearing. The judge in the third hearing did not want to progress overnight contact because of the stay. When the appeal was finally heard a week later (following the third hearing), the appeal judge did not grant my ex permission to appeal...

I'm relatively confident as so far proceedings have gone my way. The local authority was meant to write the section 7 report but the judge ordered Cafcass to take over because the judge found the LA's social worker treated my ex allegations as facts, and was siding with the mother. He went as far as to say that the mother was ostracising the father.

In all honesty, I'm not upset with my ex. I was expecting lying and deceit from her. I'm really angry and frustrated with the system which indulges a mentally ill individual in her fantasies. I actually came to admire the judges because what I've seen so far is a lot of professionals that just kick the can down the road and pass the bucket to someone else. The social worker, children's school, the DV charity that provided her with a letter that unlocked legal aid where all too happy to go along with her fantasies... What I'm trying to say is that the children and I wouldn't have to go through all this, if the professionals that saw her did some proper due diligence and investigation into her claims....

Every single word you have written above is so sadly true regarding assumed power by those lower in the chain and of which Judges are (largely) counting on in reaching their conclusions at Final Hearings. The travesty occuring for so many good Dads is astonishing.

Wishing you well mate, Stay Strong.

 

[Ash]

I had a FHDRA (1) , an adjourned FHDRA (2) , a remote contested hearing (3) and an appeal relating to the adjourned FHDRA. I have a directions hearing set for April. In this next hearing we were asked by the judge to provide our position regarding the recommendations made by Cafcass. Unfortunately Cafcass won't be able to produce the section 7 report ahead of the hearing and the interim contact order will expire. The mother has not raised any safeguarding concerns to my solicitor and interim contact is proceeding smoothly. I get the children after school on a weekday, and have them on alternate Saturday/Sundays during the day. Overnight contact was stopped because the family court messed up the hearings. The appeal judge put a stay on the order (2), but the stay did not arrive until two days before the third hearing. The judge in the third hearing did not want to progress overnight contact because of the stay. When the appeal was finally heard a week later (following the third hearing), the appeal judge did not grant my ex permission to appeal...

I'm relatively confident as so far proceedings have gone my way. The local authority was meant to write the section 7 report but the judge ordered Cafcass to take over because the judge found the LA's social worker treated my ex allegations as facts, and was siding with the mother. He went as far as to say that the mother was ostracising the father.

In all honesty, I'm not upset with my ex. I was expecting lying and deceit from her. I'm really angry and frustrated with the system which indulges a mentally ill individual in her fantasies. I actually came to admire the judges because what I've seen so far is a lot of professionals that just kick the can down the road and pass the bucket to someone else. The social worker, children's school, the DV charity that provided her with a letter that unlocked legal aid where all too happy to go along with her fantasies... What I'm trying to say is that the children and I wouldn't have to go through all this, if the professionals that saw her did some proper due diligence and investigation into her claims....

That sounds like her solicitor managed to try and mess things up creating delays and adjournments. Ridiculous you haven't got overnights when you have unsupervised time!

Is the directions hearing to extend the interim order?

 

[blindex]

That sounds like her solicitor managed to try and mess things up creating delays and adjournments. Ridiculous you haven't got overnights when you have unsupervised time!

Is the directions hearing to extend the interim order?

The directions hearing is meant to deal with the recommendations of the Section 7 report. However Cafcass told me they need 17 weeks to complete it so it won't be ready for the next hearing. I have the option to postpone the hearing but that could cause much further delays and my interim contact orders are time limited between the hearings. All painfully slow and costly

 

[Ash]

Hmm maybe best to keep that hearing and submit a position statement explaining Cafcass report appears not to be ready yet but you seek the interim order to be extended in the meantime as it only lasts until x date. And use the directions hearing for that.