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Final Hearing Result

Da7thSon

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Hi Everyone,

Quick background to give the result some context.
I have 2 girls aged (now) 6 and nearly 3. I separated 2 years ago after my ex asulted me. In October 2020 she filed to court to relocate to the West Midlands from Greater Manchester and made assurances that she would not relocate without my or the court's consent. In Jan 2021 she upped and left without that hearing or consent. I filed an emergency application and stated on it around the assault and child abducation. After I filed that she started playing silly buggers and i didn't see my kids for 13 weeks. When eventually we went to court for my emergency application she started accusing me of abuse (which wasn't the case) and forced the courts into making me use a contact center even though it was her who was abusive. The courts never heard properly my emergency application and just rolled it into the main case. Leaving my ex to just change schools of my eldest and enroll my youngest into a nursery without my knowledge or consent.

Fast forward to the hearing on Friday.

She asked for courts for:
A live with order.
My to-do ALL the collection and drop off (a round trip for me of over 200 miles) except for 6 times which she would do.
I could have them every other weekend collect Saturday and return Sunday
3 weeks of ALL the school holidays which i had to "request" from mum
She wanted EVERY Christmas day with them and i could have them every boxing day
A weekly call on a Wednesday in addition to contact.
some ancillary things

I asked for:
A shared care order with the children still schooling in Birmingham
I collect kids from mum, and mum collects kids from me (basically 50/50 in traveling)
I have them every other weekend collect from school on a Friday until Sunday 5pm
1/2 term is done on a one on one off basis
easter i have the 1st week, she has the 2nd week
Summer holidays, mum as 1st week, i have week 2 and 3, mum has week 4 and 5 and i have week 6 until they return to school
Christmas, even year i have 20th - 27th mum has from brake up of school until 20th and from 27th until kids return to school. odd years it's the reverse of this
A call every Wednesday and friday
As the children are already off school now, as a one-off this year i get most of the remaining summer holidays
some other ancillary things.

What the result was
a LIVE with order for the mum :-(
I collect kids from mum, and mum collects kids from me (basically 50/50 in traveling) :)
I have them every other weekend collect from school on a Friday until Sunday 5pm :)
1/2 term is done on a one on one off rolling basis :)
easter i have the 1st week, she has the 2nd week :)
Summer holidays, mum as 1st week, i have week 2 and 3, mum has week 4 and 5 and i have week 6 until they return to school :)
Christmas, even year i have 20th - 27th mum has from brake up of school until 20th and from 27th until kids return to school. odd years it's the reverse of this :)
A call every Wednesday and friday :)
CAFCASS wasn't happy about this summer and said that the kids needed to ramp up their contact so have an overnight stay this Saturday to Sunday, and next Saturday to Sunday.. then mum is conveniently away for a week. Then i have them 2 nights the weekend after that and the weekend after that. Then into the agreement.

Overall I've probably got about 90 - 95% of what i asked for. CAFCASS other than the ramp up rubbish were great and THEY said that both parents should deal with travel equally and they said about Christmas and having an equal split of holidays.

Its shit that the system failed my girls at the start so i couldn't bring them home permanently but from having come to terms with them not coming home i got pretty much everything i asked for. I came out of court with a smile on my face whereas mum was in a meeting room balling her eyes out.

I would of posted early but had to collect my kids yesterday at 10 am and they were collected at 3pm today so been having some much-missed quality time with my children.
 
Many congratulations for you and for your children to enjoy their growing up years in your presence and in a (mostly) equal way. I'm so pleased for you.

Now ensure it becomes completely water tight and do not make a single allowance should the back lash be made.

SS.
 
congratulations bud, excellent result! really please you got what was deserved and your girls can benefit from continuing to have you in their lives!
 
Brilliant result. Shame about the lives with Mum but they couldn't really do shared care with the distance (well they could but it's rare and would mean you having most of the holidays). As Stay Strong says - be prepared for her to try things on/breach the order/try to misinterpret the order and don't vary from the order at all unless what she wants to "swap" is reasonable and agreed in writing.
 
Thanks guys for all the help and support with this it’s been really appreciated.

It’s been two weeks now. First weekend my eldest hid behind the car when mum came to collect her and didn’t want to go home.

Last weekend the went home no fuss but three hours laster I get a video call for her in bed crying her eyes out saying she misses daddy.

It really tough, after the hearing I thought getting as much as I could felt like victory but I question myself now given how much my eldest really doesn’t want to be with mum, if I fought enough. Should I of held out and gone into the court room still seeking a change of resistance rather than agreeing between the barrister the they spend the school time with mum. I’m so conflicted at the moment and just feel empty seeing what this is doing to the kids.
 
Stay strong mate, you felt you had 90/95% of what you worked for and these are (very) early moments now, and raw for you and for your children.

Let the immediate dust settle now. Be wary, keep an email diary, relish your care of your children and be comfortable in the way things are. I'd really like to know how you're doing in November, yeah?

SS.
 
Ok my take on that is. You have a good order. You're in a much stronger position in the future. You can go back for more time in the future if the kids need it. Otherwise the only way you;d get a change of residency is if ex agrees.

I would try (if you can keep amicable or if she'll communicate) emailing her and saying it would help the kids adjust to transitions if they had video calls midweek - but sounds like they do. Just tell your daughter you will have plenty of time together in the holidays.

Any chance you could move nearer them at some point?
 
I personally wouldn't rock the boat. Your ex is probably seething so more unpredictable and vengeful.

Step back and focus on your kids.
 
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Thanks guys for all the help and support with this it’s been really appreciated.

It’s been two weeks now. First weekend my eldest hid behind the car when mum came to collect her and didn’t want to go home.

Last weekend the went home no fuss but three hours laster I get a video call for her in bed crying her eyes out saying she misses daddy.

It really tough, after the hearing I thought getting as much as I could felt like victory but I question myself now given how much my eldest really doesn’t want to be with mum, if I fought enough. Should I of held out and gone into the court room still seeking a change of resistance rather than agreeing between the barrister the they spend the school time with mum. I’m so conflicted at the moment and just feel empty seeing what this is doing to the kids.
I think they will adjust. Just keep reassuring them you're always there, they can call you and you'll have lots of good times in the holidays and things will get easier.
 
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