GP issues, lives with order, education

[Bluez01]

Hi Guys.
Firstly I am sorry my first post is a nightmare but I'm struggling to keep all my ducks in a row here.
Background:
I have a 3yr old son (development delay issue), divorced in Sept, I have PR, son living with the ex currently, had first hearing today, S7 now starting, next court date June 25.

All communication with ex has stopped as being accused of "distress" about asking questions about our son.
Asked about medical, was told to get solicitor to send letter (did this previously with no reply from her but £250 lighter in the pocket) so I decided to do my own leg work, and sent an email to our sons GP manager asking for medical history from the past 7 months, and showed I had PR, and sons BC.(time since I last saw him) GP requested that I filled in a SAR and went on to inform me that I would need to do this every time I want to know about him, which I find strange, I have PR but because I am not registered with his GP Surgery any longer I am apparently not able to be put on a proxy to access it, further more if I request too many SAR then I can be charged a "reasonable" fee... where do I stand on this, surely I can't be held at ransom to access something that is my right to see?

As stated, I went for a first hearing today, normal allegations made, abuse, control, etc... all disputed by me, and S7 was made, but the puzzling part is the ex has asked the judge verbally for a C2 the judge responded in regards to a "lives with order" ? And mentioned the fees would be covered.
The question about this is: in my position statement I stated that I would like 50/50 shared care, and to have primary care, on the basis of ex not communicating with me in regards to our sons medical/educational needs and what is happening with it, etc...
It felt like the ex and judge had previously talked about this, as he obviously knew what it was about, which I felt was strange, but on that note, getting a C2 and applying for "lives with order" am I involved at all with that? ie... I'm hoping that a judge/court won't just look at the form and grant it, as obviously I have requested something different to this.

Lastly, and I'm sorry for the long post, education, I am very fearful that my ex will start to look at schools in the next month or so and start making enquiries about where our son should go, I know that this should be a joint agreed decision, but I am fearful that by the time June (next court hearing) a decision will of been made, and my input will hold no meaning and it will be a (done and dusted) situation. Obviously in the ex's favour of her preferred SEN school, rather than what is best for him.

I brought up the above about medical/educational to the judge and asked for him to make an order in regards to keep me in the decisions, but I felt it fell on deaf ears in all honesty, I don't believe that he was interested in anything I said really, but it certainly seemed that he was happy to accommodate my ex's stance and requests.

Now I have to wait on CAFCASS to appear again for the S7, and obviously try and paint a rainbow picture with them, honestly.... why are genuine dads that only want what is really truly best for there children have to go through all of this, it's no wonder why so many dad's just walk away when these things happen in a relationship, it's financially expensive, emotionally draining, and it seems no matter what you do, the system has already decided the outcome to things, regardless of what you do....

Thanks for listening guys, appreciate it.

 

[lunico93x]

Hi Guys.
Firstly I am sorry my first post is a nightmare but I'm struggling to keep all my ducks in a row here.
Background:
I have a 3yr old son (development delay issue), divorced in Sept, I have PR, son living with the ex currently, had first hearing today, S7 now starting, next court date June 25.

All communication with ex has stopped as being accused of "distress" about asking questions about our son.
Asked about medical, was told to get solicitor to send letter (did this previously with no reply from her but £250 lighter in the pocket) so I decided to do my own leg work, and sent an email to our sons GP manager asking for medical history from the past 7 months, and showed I had PR, and sons BC.(time since I last saw him) GP requested that I filled in a SAR and went on to inform me that I would need to do this every time I want to know about him, which I find strange, I have PR but because I am not registered with his GP Surgery any longer I am apparently not able to be put on a proxy to access it, further more if I request too many SAR then I can be charged a "reasonable" fee... where do I stand on this, surely I can't be held at ransom to access something that is my right to see?

As stated, I went for a first hearing today, normal allegations made, abuse, control, etc... all disputed by me, and S7 was made, but the puzzling part is the ex has asked the judge verbally for a C2 the judge responded in regards to a "lives with order" ? And mentioned the fees would be covered.
The question about this is: in my position statement I stated that I would like 50/50 shared care, and to have primary care, on the basis of ex not communicating with me in regards to our sons medical/educational needs and what is happening with it, etc...
It felt like the ex and judge had previously talked about this, as he obviously knew what it was about, which I felt was strange, but on that note, getting a C2 and applying for "lives with order" am I involved at all with that? ie... I'm hoping that a judge/court won't just look at the form and grant it, as obviously I have requested something different to this.

Lastly, and I'm sorry for the long post, education, I am very fearful that my ex will start to look at schools in the next month or so and start making enquiries about where our son should go, I know that this should be a joint agreed decision, but I am fearful that by the time June (next court hearing) a decision will of been made, and my input will hold no meaning and it will be a (done and dusted) situation. Obviously in the ex's favour of her preferred SEN school, rather than what is best for him.

I brought up the above about medical/educational to the judge and asked for him to make an order in regards to keep me in the decisions, but I felt it fell on deaf ears in all honesty, I don't believe that he was interested in anything I said really, but it certainly seemed that he was happy to accommodate my ex's stance and requests.

Now I have to wait on CAFCASS to appear again for the S7, and obviously try and paint a rainbow picture with them, honestly.... why are genuine dads that only want what is really truly best for there children have to go through all of this, it's no wonder why so many dad's just walk away when these things happen in a relationship, it's financially expensive, emotionally draining, and it seems no matter what you do, the system has already decided the outcome to things, regardless of what you do....

Thanks for listening guys, appreciate it.

Any applications give you a right to reply - that's a tenet protected by the Human Rights Act, and due process generally. So her C2 should trigger a hearing, where you can put your side. Even an ex-parte/emergency application gives the other party a right to reply, just slightly later. It's an important principle.

You do have a right to be involved in your child's education choices. I had a similar situation, and the reactions were different based on the judge. First judge (a full-time district judge) said yes, full involvement, then mum dragged feet, second judge (a deputy district judge) said no to ordering education/GP details until risk assessed, third judge (also a DDJ) said "no more nonsense, give him the information about schools, school choices and GP".

The principles are clear but implementation not uniform. Basically, if you ever receive an order based on a C2 application, that you didn't have a hearing for, then there's been a serious mistake by the court and it would be challengeable. If this happens though, it would be quite unusual, so even basic legal advice would be worth getting because the mechanism to challenge it is an appeal.

On the issue of education/GP information - did the judge give a reason for not ordering it? Is it stated in the order itself? You can always make your own C2 application for that information, which would force the court to consider it; I know sometimes when these things are heard at a hearing with other issues they can be sidelined because judges are in a rush, and they're very much like children with a short attention span.

 

[Bluez01]

Any applications give you a right to reply - that's a tenet protected by the Human Rights Act, and due process generally. So her C2 should trigger a hearing, where you can put your side. Even an ex-parte/emergency application gives the other party a right to reply, just slightly later. It's an important principle.

You do have a right to be involved in your child's education choices. I had a similar situation, and the reactions were different based on the judge. First judge (a full-time district judge) said yes, full involvement, then mum dragged feet, second judge (a deputy district judge) said no to ordering education/GP details until risk assessed, third judge (also a DDJ) said "no more nonsense, give him the information about schools, school choices and GP".

The principles are clear but implementation not uniform. Basically, if you ever receive an order based on a C2 application, that you didn't have a hearing for, then there's been a serious mistake by the court and it would be challengeable. If this happens though, it would be quite unusual, so even basic legal advice would be worth getting because the mechanism to challenge it is an appeal.

On the issue of education/GP information - did the judge give a reason for not ordering it? Is it stated in the order itself? You can always make your own C2 application for that information, which would force the court to consider it; I know sometimes when these things are heard at a hearing with other issues they can be sidelined because judges are in a rush, and they're very much like children with a short attention span.

Many thanks for taking the time to reply, I truly appreciate it..!
The judge did state that it was my fundamental right to have this information available to me, but I believe that he was thinking towards the nursery/gp surgery, rather than the mother, I have to wait a couple of weeks for the order to arrive to see exactly what is in there, as the judge was bouncing around subjects like a frog in a box, so it was hard to keep up at times with it all.
As I said previously, it did feel very much like the judge (male) was favoring "dolled up mum" but obviously I didn't say anything, I am just concerned that things were happening behind the scenes and I wanted to make sure that I react quickly enough before something happens and lose that option.
So at least for now I can breath a little easier until the order comes to me on a couple of weeks time to see exactly what has been ordered.

 

[lunico93x]

When it does arrive, see if you need to challenge it and post on here or speak to someone with knowledge. Just be cautious of putting it to one side and leaving it for too long. Having said that, you might be pleasantly surprised when you finally see it.