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FHDRA - So complex I don't know where to begin

TheBigRedDog

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A bit lengthy so will try to keep this as brief and as anonymous as possible....

Background
• Child: 7 years old.
• Separation: Split from ex three years ago; regular contact (weekends, holidays, as needed).
• Access Restrictions: Ex frequently restricted access based on my personal relationships
• Domestic Abuse: History of abuse from my ex towards me (unreported due to fear of losing access—evidence available).

Why Contact Stopped
• Ex has a history of controlling who is in our child’s life.
• Used child access as a tool (me and others)
• After not complying with these demands my ex stopped all contact with paternal family (~8 months now),
• False Allegations: Ex accused me of neglect, inappropriate parenting, and endangerment. Also a relative I took child to is violent (lies)

Legal Context & False Allegations
• Multiple false accusations around neglect and abuse to her
• Ex obtained an ex-parte Non mol order against me, which was dismissed - Judge wanted input into CAO
o two-year injunction against her from (violent) relative
o CPS are reviewing evidence of harassment against ex to one of my family members
o Ex admitted harassment towards me but was not charged.

Cafcass
o Ex accused me of abuse and exposing our child to an ‘unsafe’ family member.
o Ex said my child hates my surname and wants to change it and I scream at her on the phone (she doesn’t let me speak no shouting from me).
o I raised concerns about parental alienation and my child’s well-being. I raised concerns over medication and health issues – impact on schooling and routines
o Cafcass report has not explicitly taken sides but has not challenged my ex’s decision to cut contact and is weighted more to ex’s concerns than mine.
o The letter acknowledges parental alienation but does not propose urgent steps to address it.
o Report contained errors (e.g., listing a discharged non-molestation order and not listing the one against my ex).
o No interim contact recommended due to “lack of clarity” on allegations and unverified claims of harmful parenting, rather than any concrete findings.
Social Services:
o Previously I raised concerns with NSPCC regarding PA, living conditions, and medical risks.
o The case was referred, but social services only interviewed my ex
o I was never contacted or given an opportunity to submit evidence before the case was closed.
o Ex is using these reports as evidence of me harassing her

Recent Developments – in the last few weeks
• Ex Offered Contact—With Conditions:
1. Family member must drop charges against her.
2. I must not allow our child to (violent) relative
3. I must “prove” I am providing adequate care.
• Blocked When I Refused: I declined her terms and was immediately cut off from all communication.
• Threat of Supervised Contact: Ex claims professionals have advised that if I continue seeing the family member, I will only be granted supervised contact.
• Threats professionals been advised I am refusing contact.

Concerns
• My child wants to see me but is being manipulated. Child calls me names on calls and then says I still love you if I called you that.
• Ex has a history of cutting people out—her older child’s paternal family has been absent since they were three, and that child now struggles with severe mental health issues in young adulthood.
• I have messages from my ex stating she does not want me to continue “playing happy families” with her family and her child while she is alone.

FHDRA – Need Advice
1. Given the complexity, should I outline all concerns (PA, false allegations, controlling behaviour, school attendance issues, etc.), or would this overwhelm the court?
2. When should I request interim contact? Should I submit a position statement, and what key points should I highlight?
3. This is in front of a Justices legal advisor not a judge
4. I don’t think my ex is represented but I am not 100%
Any advice would be greatly appreciated—I feel lost on what to prioritise. My ex continues to tell my child that I don’t love them and that I am violating them in various ways.

It goes much deeper than this – there are significant mental health and health issues involved, along with side effects from medication. I can provide evidence of everything. My concern isn’t that my ex is ill or needs medication, but rather the risks and effects this has on my child. My ex has stated they struggle to get our child to school, and her recent attendance is well below 90%. She clearly needs support but refuses to let me provide any.

I just don’t know where to start, what do I put in a position statement, when do I ask for interim contact?
 
Hi mate, not as experienced as others here as I have my first hearing scheduled for upcoming week.

You will be interviewed before the first hearing by CAFASS. Generally they should call ex first and then you (mine didn’t happen this way but many others did). If so, they will ask general questions and questions surrounding any allegations she would have made. The general consensus is deny any allegations, do not over explain and move conversation back to child. Keep the conversations as child focused as much as possible. I must admit easier said than done. Great thread here -
Thread 'TIPS FOR CAFCASS FIRST PHONECALL!'
https://www.dadswithkids.co.uk/threads/tips-for-cafcass-first-phonecall.2861/

Also check out my latest post where I got advice for my first hearing.

Position statement should be focused on child and you can request for interim contact. Folks have said easier to get interim contact if you have a direct access barrister, as the allegations may make it difficult. Mother also has to agree to interim contact.

In legal resources there is a guideline for position statement. Essentially you are stating what your current position is eg what you are seeking and why. Also any updates since you applied so you should mention mother offered to see child with conditions and you didn’t agree because of xyz(your reasoning)

Hope this helps
 
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Thank you - I have had two interviews with Cafcass now, the first was in October. I called them November said non mol was dismissed, they told me they needed to update it, and they did this January and sent copies of the safeguarding letter but still have not noted dismissal of my non-mol order or the issuing of the non mol order against her. Instead they have wrote I have said its been dismissed.

I can't help feel cynical that the lady didn't like me and left it off on purpose to weigh more with ex's side.

That's helpful advice - I have found a few helpful posts so working on position statement as we speak.

Unfortunately a barrister is a no go for me, I just don't have the funds to cover that.
 
It seems it’s quite typical for CAFASS to have biased towards mum so I wouldn’t worry about that.

I have no barrister either so have been using the forum for guidance.

A great piece of advice I’ve seen is let your position statement speak for you. That way, if you feel nervous/intimidated you’ll be covered by it and possibly less speaking you’ll need to do
 
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For the FHDRA a lot of this won’t come into play, the first hearing is to see if the disputes can be settled and contact arranged without the court getting involved.

Simply put you’ll need to look at and do the following;

. Deny any allegations that are untrue, but don’t go overboard simply say it’s not true and leave it at that. If you have evidence say you can provide this at request ( you can’t enter evidence at a FHDRA)

. Set out a position statement, what are the primary issues and what do you want contact wise.

. You need to be careful and remain child focused. Whilst your concerns may be valid, you need to come across in the right way. If you paint a picture she’s mental and a terrible mum, you could be in trouble.

Parental alienation is a double edged sword sadly, it happens it’s common but the system and those involved quite often don’t like it being talked about in a straight kind of manner.

Set out what contact you want in the interim pending further hearings, start small and take a stepped approach to increasing contact.

There’s a few people here that can check and advise on position statements if you get stuck
 
Great advice from Jay MC. Yes Cafcass will be biased to the Mother. They are probably not going to take your concerns seriously and will class it as "conflict between parents" as both are accusing each other of things. They consider conflict for the child is harmful so could actually say minimal time with you to avoid the conflict. You want to avoid that happening.

As Jay MC says - don't mention parental alienation - it's an allegation. It's for the court to decide what it is she is doing. It's like telling a Doctor what your diagnosis is - they don't like it.

So you kind of hint at it by describing behaviours.

It seems to me that your position statement should focus on what started all this. Your ex doesn't like you having a partner so she stopped you seeing the kids and raised all kinds of issues about everyone in your family - which are untrue.

That you simply want the children to enjoy happy loving relationships with both parents, as they have had for a number of years, and seek the court's assistance in making an order that will allow this for the children. That you have no animosity and wish to co parent amicably.

That is the kind of thing they want to here. Once they perceive it as a "parental war" (regardless of who started it) this isn't good for any outcomes for you. So you need to be seen as the peacemaker and the one who resolves things and doesn't retaliate.

How serious is the allegation against your relative? If there is police involvement it is only going to make her more hostile.

But keep the focus on the fact you had established arrangements until you began a relationship. The courts will see the picture then.

I'm happy to help with a position statement. But - can you afford to use a direct access barrister? It might help get a few things nipped in the bud at first hearing and prevent things dragging on too long. They might even achieve a better interim order via negotiations at the hearing.
 
OK so if I am going to be trying to to keep this as neutral as possible - my main allegation is going to be 'stopping contact' and then when I need to evidence this I can bring in the evidence that shows PA - should I include nothing else? despite talking through serveral concerns with Cafcass?

How do I approach the fact that we both raised DA and the court want to know who's telling the truth? I don't want to fuel the fire but I feel the like balls already rolling on that one.

If it helps, I have been very very calm in my communication to her only requesting contact with my child, not engaging with her. When she has called on the pretence of speaking to my child, I have remained calm when she hijacks the call and try to bring it back to my child. I have also taken a parenting course from the LA in positive parenting and I have joined a calmer co-parenting. I am happy to work with her, if she will work with me, I have never been against that - she is just impossible.

There's no police involvement with the relative, never has been. They had fights when young, who didn't! its made up accusations. The relative has been super supportive of her and she was happy for the child to be in their company until said relative couldn't take anymore of her abuse and parted ways with her - child became a tool to try and get them to speak to her again - hence me not allowed to take her to them.

I haven't started a relationship, its because I take my child to their adult half sibling and to my ex's relative and my ex has told me I can't or she will take away access - which has happened, and to give her reasons clout she says the relative is violent and the half sibling is harassing her.

...and should I add, no one engages with her, reacts to her or anything - harassment charge has been an entirely one way conversation of abuse directed at the adult half sibling.
 
The danger with you both flinging allegations is the court is likely to then opt for a fact finding hearing which will delay your contact even further.

Ideally you want to avoid fact finding hearings. But if you’ve already filed counter allegations this may be too late.

The court will want the child to have a relationship with half siblings assuming they are not a danger to the child.

However for the FHDRA you need to focus on establishing your own contact as a priority.
 
Thanks for all the advice so far - So quick update.
The deadline for each of us to provide allegations with a list of evidence (but evidence not supplied at this stage), to each other and court was Monday just gone. I have received nothing from my ex - we have a deadline to respond to these allegations before the hearing in just over a week.
What happens in this scenario? I sent mine in, reduced it right down to anything that only had a direct impact on my child and kept it very child focused, the language and tone was conflict free, and stuck to facts.
Cafcass recommended no contact due to her allegations - is this just a delay tactic or will they carry on with the hearing regardless?
 
Thanks for all the advice so far - So quick update.
The deadline for each of us to provide allegations with a list of evidence (but evidence not supplied at this stage), to each other and court was Monday just gone. I have received nothing from my ex - we have a deadline to respond to these allegations before the hearing in just over a week.
What happens in this scenario? I sent mine in, reduced it right down to anything that only had a direct impact on my child and kept it very child focused, the language and tone was conflict free, and stuck to facts.
Cafcass recommended no contact due to her allegations - is this just a delay tactic or will they carry on with the hearing regardless?
I believe they will carry on with the hearing. Focus on yourself and keep my mind sane. Out community is a great place for dads. Sounds like you are doing everything properly. Keep up the great work
 
Thanks for all the advice so far - So quick update.
The deadline for each of us to provide allegations with a list of evidence (but evidence not supplied at this stage), to each other and court was Monday just gone. I have received nothing from my ex - we have a deadline to respond to these allegations before the hearing in just over a week.
What happens in this scenario? I sent mine in, reduced it right down to anything that only had a direct impact on my child and kept it very child focused, the language and tone was conflict free, and stuck to facts.
Cafcass recommended no contact due to her allegations - is this just a delay tactic or will they carry on with the hearing regardless?
I also believe they will carry on with the hearing. Your ex may dump her documents on the court at the last minute so that you have no time to respond. My ex has done this throughout our hearings and the judge didn't bat an eyelid.

You cannot control what she does, what you have done is correct.
 
This is a common tactic - sending her allegations so late that you don't get much time to respond to them carefully and fully.

So you need to be prepared for an all nighter to get your response done before the hearing. You will probably get them a day or two before the hearing. She will send them because if she doesn't then she doesn't have any allegations to submit to the hearing!

I might be around to help when you get them! You could also phone the court and ask if they have received ex's list of allegations yet. She could have just sent them to court and not to you. If the court has received them, then say to the clerk that you have not received them and need to submit your responses before the hearing, and ask the court to send you a copy by email that day.

By doing this, you'll also find out if she/her solicitor has asked for an extension and the hearing to be adjourned.
 
Wow I'm speechless that this allowed to happen 😳 She has now also blocked me again from even speaking to my child...I think because she offered contact if I did x,y and z, none related to the child's welfare and not something i could actually legally agree too.

Ok I think I know what the majority of her allegations are, most will be a straight forward deny. I'll start putting notes together - I'm just intrigued what her evidence will be.

A couple more questions if that's OK. When I put my C100 in it was just after contact stopped I wanted to resume the agreement we had. Always been active part of my childs life majority care giver before I left, every weekend, and school holidays and regular midweek stays above agreed after I left - I did not expect 8 months down the line to not have seen my child and spoken only a handful of times, I would like to request an eventual phased 50/50 split, do I do this on a C2? I am in a position where this is 100% doable from my perspective and for the child it means they can have a relationship with the other family, which they can't atm. Child has a strong relationship with me, despite the break and when we do talk tells me they love me, miss me and want to see me.

Also on the C2 can I request interim contact? in whatever format even if just video calls? The hearing next month is in front of a justice legal advisor, so they can't go against Cafcass ruling, so it could be another 3/4 months before I get to be before a judge (maybe a year of no contact!). Cafcass based the no contact on unfounded allegations, and didn't even consider my ex had no problem for the last three years me having my child regually and the relationship we have.
 
You don't need a C2 to ask for interim time - you can do that at the next hearing in a position statement. Normally, yes interim time would need to be by agreement. Are you being represented at this upcoming hearing though? Sometimes a barrister can persuade the court to order interim time - assuming the allegations get dismissed. I'm surprised you don't have a District Judge, if the hearing is to hear allegations.

What schedule did you ask for on the C100? You could try and change what you're asking for but I don't think a C2 is the way to do it. It's something to do in a position statement or final statement with evidence and arguments as to why. But not at this hearing. There is a strong chance you will only get what you applied for though - which is why the initial application is important. Unless it can be shown later that she has been deliberately obstructive and the allegations dismissed.
 
No, I'm representing myself, I don't have the funds unfortunately.
I just checking paperwork, maybe I got confused but it says allocated to lay justices and their legal advisors.

So I can provide evidence with the position statement? The paperwork says nothing more than what is asked for?

I wish I had found this forum from the start, very naive going into the process, I did not realise there was so little support for fathers in the system.

She has deliberately been obstructive, I didn't do as I was told, she told me if I continued relationships with her family after we split (non romantic, just family) she would stop me seeing our child, my child had relationships with these family members and so I stopped bowing down to her demands and she went through with these threats, 8 months of no contact and her making allegations left right and centre to support her narrative. However, I know I have to be careful how this is approached, I have evidence of her saying this so I hope I have presented it in the best way as part of my 'stopping contact' allegation.

Late last year, she had an ex parte non molestation issued and once I could provide my evidence the judge saw right through her and sismissed it and even said he wanted to speak to the judges when the date was set for this hearing, so I am hoping beyond hope, I have a similar person looking at the evidence.
 
Lay Justices are magistrates. The legal adviser will be there to advise them on any legal points. No you can't attach evidence to a position statement, but you can to a final/witness statement, but you haven't been asked to do one of those yet.

It sounds like this next hearing will be to determine whether to dismiss the allegations or say it needs to go to a fact find.
 
A bit lengthy so will try to keep this as brief and as anonymous as possible....

Background
• Child: 7 years old.
• Separation: Split from ex three years ago; regular contact (weekends, holidays, as needed).
• Access Restrictions: Ex frequently restricted access based on my personal relationships
• Domestic Abuse: History of abuse from my ex towards me (unreported due to fear of losing access—evidence available).

Why Contact Stopped
• Ex has a history of controlling who is in our child’s life.
• Used child access as a tool (me and others)
• After not complying with these demands my ex stopped all contact with paternal family (~8 months now),
• False Allegations: Ex accused me of neglect, inappropriate parenting, and endangerment. Also a relative I took child to is violent (lies)

Legal Context & False Allegations
• Multiple false accusations around neglect and abuse to her
• Ex obtained an ex-parte Non mol order against me, which was dismissed - Judge wanted input into CAO
o two-year injunction against her from (violent) relative
o CPS are reviewing evidence of harassment against ex to one of my family members
o Ex admitted harassment towards me but was not charged.

Cafcass
o Ex accused me of abuse and exposing our child to an ‘unsafe’ family member.
o Ex said my child hates my surname and wants to change it and I scream at her on the phone (she doesn’t let me speak no shouting from me).
o I raised concerns about parental alienation and my child’s well-being. I raised concerns over medication and health issues – impact on schooling and routines
o Cafcass report has not explicitly taken sides but has not challenged my ex’s decision to cut contact and is weighted more to ex’s concerns than mine.
o The letter acknowledges parental alienation but does not propose urgent steps to address it.
o Report contained errors (e.g., listing a discharged non-molestation order and not listing the one against my ex).
o No interim contact recommended due to “lack of clarity” on allegations and unverified claims of harmful parenting, rather than any concrete findings.
Social Services:
o Previously I raised concerns with NSPCC regarding PA, living conditions, and medical risks.
o The case was referred, but social services only interviewed my ex
o I was never contacted or given an opportunity to submit evidence before the case was closed.
o Ex is using these reports as evidence of me harassing her

Recent Developments – in the last few weeks
• Ex Offered Contact—With Conditions:
1. Family member must drop charges against her.
2. I must not allow our child to (violent) relative
3. I must “prove” I am providing adequate care.
• Blocked When I Refused: I declined her terms and was immediately cut off from all communication.
• Threat of Supervised Contact: Ex claims professionals have advised that if I continue seeing the family member, I will only be granted supervised contact.
• Threats professionals been advised I am refusing contact.

Concerns
• My child wants to see me but is being manipulated. Child calls me names on calls and then says I still love you if I called you that.
• Ex has a history of cutting people out—her older child’s paternal family has been absent since they were three, and that child now struggles with severe mental health issues in young adulthood.
• I have messages from my ex stating she does not want me to continue “playing happy families” with her family and her child while she is alone.

FHDRA – Need Advice
1. Given the complexity, should I outline all concerns (PA, false allegations, controlling behaviour, school attendance issues, etc.), or would this overwhelm the court?
2. When should I request interim contact? Should I submit a position statement, and what key points should I highlight?
3. This is in front of a Justices legal advisor not a judge
4. I don’t think my ex is represented but I am not 100%
Any advice would be greatly appreciated—I feel lost on what to prioritise. My ex continues to tell my child that I don’t love them and that I am violating them in various ways.

It goes much deeper than this – there are significant mental health and health issues involved, along with side effects from medication. I can provide evidence of everything. My concern isn’t that my ex is ill or needs medication, but rather the risks and effects this has on my child. My ex has stated they struggle to get our child to school, and her recent attendance is well below 90%. She clearly needs support but refuses to let me provide any.

I just don’t know where to start, what do I put in a position statement, when do I ask for interim contact?
This isn't complex, it's pretty much business as usual in family court. These are the typical tactics that a scorned woman uses against a man, and she doesnt care of the damage that is being done the child.

1. Stay child focused, not ex focused
2. She wants to make it complex , you want to bat away the noise and keep it simple and straightforward.
3. Let your ex play the "superior parent", it will lead the family court to their own conclusions.
4. Chin up, buckle in, its a wild ride all the way long.
 
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