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Final hearing update

Richie1989

Experienced member
Member
So, I have just had a meeting with my solicitor regarding final statement exchange. They have picked up on many inconsistencies in my exs final statement.

1) she claims she apposes my 2-2-5-5 as she believes it’s unhealthy for our daughter to be away from any one parent at that length of time.

R) hold on a minute she just taken away all my time with our daughter for the last year due to false allegations!! Figure that one out!

2) she claims our daughter needs consistency and stability especially during the week when she’s at school

R) she is offering Wednesday over night, Friday over night during week 2 so that means Tues with mum, Weds with dad, Thurs with mum, Fri back with dad. How on earth is that consistent and stable during term time??

3) she suggested I do parenting support classes so I become aware of the emotional burdening I put on my daughter and to understand how I undermine my exs parenting.

R) there is no such classes that I can find and this absolutely undermines the previous 2 judges, cafcass and social services who have never suggested, been involved etc. quite arrogant statement to make if you ask me.
Also, on 29th Dec she pleaded with me to settle out of court and Wednesdays over nights can start right away and she would agree to equally all holidays, no mention of a parenting course at this point so a lot must have changed between then and 16th Jan.

4) mentions that I havnt paid any money towards daughter since separation June 2022.

R) I know judge won’t care it’s a matter for CMS but I paid every single bill and an extra £200 from June - Oct 2022 then paid £200 a month up until Mar 2023 when I started court proceedings. I have sent proof of this to my solicitor although they said it really won’t matter but will pass on to barrister just in case.

5) at last court hearing (urgent order) it was confirmed that my ex wanted to do every single pickup and dropoff

R) just 2 days after she did a 180 and asked me to change this arrangement. From then until final statement I had done 41 out of 57 pickups and dropoffs.

6) it will take me 30-45 mins to take daughter to school. So she feels our daughter shouldn’t be with me in the week.

R) she’s offered Wed & Thurs over night week 1 and then Wed over night week 2 during the week. Doesn’t make sense to then make such a claim. Contradicts her point! I can also confirm it’s about 25-30 mins max during traffic. Also, we don’t even know which school she is going to until later in year. All we did was agree on 3 schools! She then used this against me.

7) she mentions that she’s noticed our daughter is tired after returning from me when she stays with me over night Fri and Sat week 2. Saying she is tired at nursery and she is potentially I’ll die to this.

R) I have proof from nursery via email that our daughter is totally fine and not shown any sign of being over tired. Of course this is one of my exhibits we held back for barrister bundle to throw at her on the day if need be.

9) she says she wants to “reserve the rights” to go on holiday for the whole week of spring bank and for 2 weeks in August summer holidays if she so wishes too and I am not allowed an holiday with our daughter until October half term.

R) after my urgent order was accepted my interim time was changed from 4 hours supervised every fortnight to 1 over night unsupervised and then 4 weeks later moved to 2 over night per fortnight. On the very first full weekend I had I took my daughter on a glamping holiday fairy hunting in North Yorkshire. No questions asked, no problems. During Christmas holidays she allowed 6 over nights with a 2 day break in between. No questions asked!! 🤦‍♂️

10) she says that a shared loved with order should not be allowed as I live in an house that’s isn’t legally mine.

R) talk about middle class self entitlement. So she lives in the marital home with all my belongings but because I now have to rent she thinks this shouldn’t allow a shared live with order. What a load on nonsense!!

11) in Nov she offered me 5 over nights and then a Sunday until 5pm and on Thursday until 1pm. This was also reconfirmed in the final statement.

R) so on Sept when I had my urgent ordered accepted she was claiming she couldn’t trust me. Not enough proof I’m not an alcoholic and then 5 weeks later she’s offers me the above. What dramatically changed so much in that 6 weeks other than me passing PeTh tests and mental health tests. Well I suppose exactly that! Again doesn’t make sense!

12) she claimed I emtionally burden our daughter. She claimed that I whisper things in her ear and this leads to our daughter being preoccupied from leaving me until when she sees me next.

R) all I said while comforting her as she was crying when leaving is “don’t worry 2 more sleep and you will see me again”. Saying things like “daddy loves and always will”. “I’m not going anywhere so don’t worry”. Poor thing doesn’t understand the concept of time and as she didn’t see me much for quite a while of course she going to get a little bit of separation anxiety. I pointed out my confusion as to why she try’s to prevent me from comforting our daughter in my final statement and expressed the confusion when she tells me to go away, shaking her head in disproven etc.

That pretty much sums up her arguments for me not to have 2-2-5-5 shared live with order. Any thoughts?

My solicitor had told me that my ex is going to have a far tougher time in court than me.

Only 2 weeks to go!!! Until the biggest day of my life!!! 💪💪💪
 
I wish you all the best of luck brother during this very difficult time. Hopefully the judge see's through your ex's lies and deceit, and that you and your daughter get the successful outcome you both deserve.

Personally I'm only just starting this painful journey so can't offer much advice at this stage although I will start sharing more on this forum in other ways to pay it forward.
 
That two weeks must seem like a long time at the moment.
Yes it’s torture it really is!! Don’t think there will be much sleep going off during the run in. The crap thins is my ex has been so cold since exchange of final statement. No eye contact, daughter crying and she just doesn’t give a crap! Tonight I had to pick my daughter up and tell her how much I love her and I will see her soon. All along mummy is stood with her back to us! I just don’t understand. Roll on final order! I can’t wait to know what the situation is and hopefully judhe will agree to all pickups being at nursery/school from now on. Horrible people!! I just don’t get how they don’t see how they are being! Not long now @Ash 💪💪💪💪
 
Hang in there. It will get tense and stressful and your ex might start being more and more maverick in the run up and your daughter may be under stress - but it'll all come right afterwards. Short term pain for long term gain.
 
I wish you all the best of luck brother during this very difficult time. Hopefully the judge see's through your ex's lies and deceit, and that you and your daughter get the successful outcome you both deserve.

Personally I'm only just starting this painful journey so can't offer much advice at this stage although I will start sharing more on this forum in other ways to pay it forward.
Thankyou, I appreciate it! Yes I am confident the judge will and so is my solicitor. It’s full of inconsistencies so hopefully they will see through it all!
The thing is, it’s already a massive victory if I get the minimum which I ex is offering of 5 over nights a fortnight with Sunday until 5pm and some day time as well. I have come along way from 4 hours a week supervised! So it’s already celebration time, if I get 7 over nights it will be serious celebration time. It’s vital I get a shared live with arrangement to prevent my ex and her mum being idiots again in the future. Fingers crossed 🤞 💪💪.

I wish you all the best on your journey! Keep your head down. Don’t retaliate how ever much they try and wind you up. Focus on your little ones and never turn down anytime with them even if it’s so your ex can go out at weekends. Don’t lose your head and toe the line! If courts ask for testing due to her accusations just focus on passing them, don’t think the system is against you. Don’t get bitter and just keep thinking it won’t be forever. I send you strength and love matey 💪💪
 
Hang in there. It will get tense and stressful and your ex might start being more and more maverick in the run up and your daughter may be under stress - but it'll all come right afterwards. Short term pain for long term gain.
Yes absolutely @Ash !! Not long now and it’s all over and done with. It’s taken 11 months from when I got my first solicitors letter from then which shook my world! Court hearing in June, court hearing in Sept and now final hearing in Feb. I feel very fortunate when I hear of other peoples dreadful timescale.

I really can’t see what my ex has got on me! How can the judge not see through her nonsense?! 🤷‍♂️. No cafcass, no social services, no police, passed 2 Peth tests, clean mental health report, gone from 4 hours supervised to 2 over nights and some evening time unsupervised.

They was desperate for me to accept the 5 over nights and of course that came with the agenda of not having a shared lived with arrangements

If I get an extra Thursday over night week 2 and a shared live with arenagement. So that basically 6 overnights and then Sunday until 5pm. She’s already agreed all holidays to be equally shared even though she wants that to start later in time. So it’s not far off!

How can she say no to 50/50 when it’s almost that anyway!! It backfired for matey she thought I would accept out of court.

Not long now!! 💪💪
 
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