I agree with Ash I wouldn't say she is alienationing the child again you in court. I would show your proof of you trying to organise time to spend with your child and mum having an excuse. Say what is happening this way your allowing the Judge and caffcass see what's going on. It will be fairly easy to see what mother is doing. She could be doing it as if u previously minding the child 80percent of the time, she may want to change the narrative of her been the parent doing everything. She may also be trying to provoke a reaction from you. Playing a game. So she can say to the court look at what he is saying or done.
This is spot on. What you do is describe the behaviours - you don't diagnose them as parental alienation - you just describe what the ex is doing and let the court decide what she is doing. Courts don't like Dads claiming a Mother is alienating the children. It's similar to going to see a Doctor and telling the Doctor what your diagnosis is - they don't like it. They are the experts and they need to decide. What you do is tell the Doctor your symptoms and let them make the diagnosis.
So likewise you can say what you can describe - that your ex is not supportive of your child spending time with you and is ignoring any attempts to reach agreements. And that this is affecting your child in that she seeks her Mother's permission before interacting with you.
That the Mother is encouraging the child to do other things by offering treats and special events.
The court will see what she's up to. They won't dive straight in and say the Mother is alienating - they will first try to resolve the situation with words in court and orders.
Sometimes things do settle down after a final order is made, once the ex accepts she has to follow the order.
This interim time is tough - it's full of uncertainty and waiting. Just keep focused on the goal - a final Child Arrangements order. It's like treading water on the way, along with a fair bit of heartache and anxiety, but just take one day at a time.
Hearings are where decisions are made.
So you have a Section 7 coming up. That's one hurdle. Many Dads find the S7 report biased towards the Mother and makes bad reading, but don't worry at this stage.
There should then be a DRA with both parents asked to submit a position statement with their views on the S7 report. Another hearing at which you can ask for interim time to increase (especially if the S7 recommends gradual increase of time).
It should then go to a final hearing - with full statements and evidence. It's an adversarial process - much more "legal" than the earlier hearings. Both sides are usually cross examined on their statements and evidence. The Judge hears everything that is said and makes a decision. This is often when an ex messes up - their final statements are often full of mudslinging and no evidence. Courts don't like that. It doesn't do an ex any favours.
You can also have Cafcass cross examined at a final hearing - if their report seems biased, then cross examination can reveal that and reveal the report as flawed. If that happens then the S7 does not influence the final decision in court.
So there are hoops to jump through and you just take one stage at a time. I can't see why a court wouldn't give you a good order. The child has a right to regular and significant time with both parents. Once you have that order, your ex can no longer dictate everything and your child can see you without the Mother being around to influence her.
It may never get to a final hearing though, if agreement is thrashed out for a consent order at an earlier hearing. Time is allowed for negotiations at court, before every hearing. This is where lawyers can help - if they can thrash out an agreement and get both parties to agree.
Barristers come into their own at a final hearing, with cross examination and persuading the Judge. Prior to that they can seem quite low key (although can still make things happen).
