Fair results so far? Or not?

[miami18]

Summer 2024 - Filed c100 + c1a, contact fully cut off from August.

October 2024 - First hearing, court make an absolute mess out of things. Despite CAFCASS report in my favour, no allegations against me etc, they decide to not order contact at this stage and order a 'determination for fact finding hearing' for November despite both sides not requesting one. Both sides to fill out a schedule of allegations and submit to the court. We agree every Saturday from 3-6 pm (reluctantly), ex immediately withdraws the agreement 2 days later.

46 allegations made by ex in the schedule, not a single one is serious. Mostly either made up or small petty things such as cancelling Netflix, dropping my daughter off late etc.

A few days before the November hearing, I find out my barrister can't make it so I get appointed head of chambers last minute.

November 2024 - Both sides + magistrates agree to no fact finding, and the magistrates agree that I need to see my daughter asap (who is almost 2 now). Her barrister kicks up a fuss saying that if I see her, it should be supported within contact centre. It is ordered that I will have the first 3 times in a contact centre for a minimum of 2 hours, then outside of a contact centre going forward (CC to be paid for by her lol). After this, it moves to the original agreement of 3-6 every Saturday (I knew agreeing to this before would come back to bite me, makes me look like I was happy with a crappy agreement to begin with).

CAFCASS section 7 is bypassed, waiting list is too long and deemed not necessary in this case. Another hearing has been ordered for January, which is to be a 'dispute resolution appointment'. Confused about this, legal team telling me it has the potential to be a final hearing. However, I've gone from having my daughter 3 days a week to now seeing her for 3 hours a week. How will I have a chance of winning 50/50 shared care at this rate? It seems like too much of a drastic jump...

Also, if it's not the final...I am reluctant to use a barrister. I know my ex will not agree with anything near that I am looking for, so what is the point?

 

[Ash]

I think the point is - progression ordered at the next hearing, before a final hearing. The fact you're now getting unsupervised weekly time is progress. If the next hearing became a final hearing, it's possible for progression to be ordered to a full order, but there is more chance of the ex disrupting it along the way - eg when overnights start - meaning a return to court.

So a directions hearing could order significant progression before final hearing, so you have overnights under your belt already and a better chance of 50/50. On the other hand there's no reason why progression to 50/50 can't be ordered at the next hearing, if it becomes a final hearing.

I suspect it might not become a final hearing because your ex probably won't agree to what you want in a final order, or won't agree to reasonable progression and overnights.

Hang in there, you're doing ok.

 

[miami18]

I think the point is - progression ordered at the next hearing, before a final hearing. The fact you're now getting unsupervised weekly time is progress. If the next hearing became a final hearing, it's possible for progression to be ordered to a full order, but there is more chance of the ex disrupting it along the way - eg when overnights start - meaning a return to court.

So a directions hearing could order significant progression before final hearing, so you have overnights under your belt already and a better chance of 50/50. On the other hand there's no reason why progression to 50/50 can't be ordered at the next hearing, if it becomes a final hearing.

I suspect it might not become a final hearing because your ex probably won't agree to what you want in a final order, or won't agree to reasonable progression and overnights.

Hang in there, you're doing ok.

Hi Ash,

Thanks a lot for the comment, your insight is definitely appreciated. I think the two things I’m concerned about are the legal costs for dispute resolution, then directions and then final hearing. I’m already around 10k in the hole right now.

The other being my distrust in the system, with the courts having messed me up already with the first hearing and me having to use a contact centre at this point.

It would be great to hear your point of view on the first point though. Regarding legal representation going forward, and its cost effectiveness in my case

Cheers

 

[Ash]

Isn't dispute resolution and directions hearing the same thing? Or are they ordering you to have dispute resolution (like mediation) before the directions hearing?

 

[miami18]

Isn't dispute resolution and directions hearing the same thing? Or are they ordering you to have dispute resolution (like mediation) before the directions hearing?

Honestly, I’m not sure. It is a 2 hour in person hearing, called dispute resolution. I shall ask the question to my solicitor tomorrow

 

[miami18]

Isn't dispute resolution and directions hearing the same thing? Or are they ordering you to have dispute resolution (like mediation) before the directions hearing?

Yeah, my Solicitor confirmed that dispute resolution can essentially morph into a directions hearing (seems extremely likely to me). One of the points of my hearing is that we all have to meet an hour before to try and come to some form of agreement.

I guess my issue is, nobody knows my ex like me. She disagrees with everything I say and do. I know for a fact we won't agree and that it will end up leading to another hearing.

My big issues are:
1. Is a barrister worth bringing for this one?
2. Will they/can they increase my interim agreement during this hearing?