Part 25 Advice

[Ash]

Well it could be favourable to your case as it shows the ex is a problem and a stronger order is needed - particularly of there's an expert report. If the expert says - she has a personality disorder and is incapable of promoting contact and unlikely to follow court orders - then there might be a case for transfer of residency (although I think that's unlikely). But a tightly worded order.

On the other hand the other side will try to make out its intractible and say child should be left with Mum. Nobody knows what will happen - there will be arguments on either side. But sounds like your solicitor is on the ball.

 

[Kev19]

@Ash my ex has filed a C2 for a lives with court order. From what you have said above and the fact she does not want me to have a relationship with my daughter,is there any possibility I can challenge the application so I can have a shared lives with order further down the line once my daughter and I have a relationship. My ex once she gets her lives with order will feel superior and marginalise me in my daughter’s life. She is already calling her new partner daddy to my daughter which will only confuse her and lead to stress when I am called daddy to her. It feels like alienation. Is it possible her application at least can be deferred until an ISW or similar has reviewed our case?

 

[Ash]

Is this just recently? If so you should be able to respond. What did you apply for originally?

 

[Kev19]

@Ash , thank you for your replies. The FHDRA references “the need for a C2 application should respondent wish to pursue an application for a ‘live with’ order and determining that the C2 application can be listed for consideration at the next hearing alongside the existing application”. My ex C2 was submitted 4 weeks ago with the next hearing at the beginning of September.
My application was to decide how much time she spends with each parent.
On my C100 I requested the following “The court make an order for my daughter and I to spend time together. Initially I would propose due to the tender age of my daughter that I should have a few hours at least two or three times a week, to enable us to form a bond, and for me to feel confident in caring for such a young child. As my daughter becomes older I would very much like for my contact to significantly progress, building up to one day a week, progressing to a full order every other weekend and a mid-week over night by the age of two.”

How should I respond to the C2 Lives With Order, as said above my ex will do whatever to further marginalise me, driving the wedge between my daughter and I further?

 

[Ash]

Ok so you asked for a progressing order to a standard schedule which "might" assume the ex has lives with. Not necessarily as it could still be lives with both 5 nights a fortnight after progression. The ex wants that determined now that she has "lives with". I wouldn't agree to it. I think you need more info from your solicitor about this expert report, before being able to say very much. But off the top of my head you could respond (did you get a c7 response form?) or just email the court maybe (ask solicitor) saying you don't agree to a lives with order for the Mother at this early stage - that there are reports and evidence to be seen which might determine that it is not the appropriate order to make.

I guess you could also put in a C2! For lives with both parents, or lives with you? You really need legal advice on all this as it's getting quite complex.

 

[Kev19]

Thank you Ash as always your advice is invaluable.

 

[Kev19]

My solicitor is looking into obtaining references from three ISWs to assist in my case (to help my 12 month old daughter and I form a relationship). This is a requirement of the Part 25, however up until now only one has replied who would assist. This may be down to the remote area we live in. Our next hearing is in four weeks time. If by then no other ISW has come forward does anyone know if the court would consider going with the only one ISW option available?
I feel without an ISW assistance I will have no way forward.

 

[Ash]

I think they would. If you're supposed to submit three references as options and you can only find one then you could just submit that and say only able to find one person to quote. It's not just a reference I think, but a quote as well, detailing cost and what they would do etc. What does the solicitor think?

 

[Kev19]

Thank you for you reply Ash. The ISW that has shown interest is one that my solicitor had her eye on as she had heard good things from a colleague, so that is promising and she is local . My solicitor is also continuing to look for others, however if unsuccessful we can only go to court with the one. She didn’t say anything as to whether only one reference would be enough.

 

[Kev19]

I am besides my self with worry this evening after just receiving an email from my solicitor. A couple of months ago as mentioned earlier in this thread contact moved from the centre to zoom calls and then stopped completely due to my daughter becoming distressed.

I am due back in court next week and have just found out that the contact centre have suggested a Psychologist maybe a suitable option if the courts and other professionals agree. They have also gone on to say "It is their professional recommendation to support xxxx as she develops emotionally, for letters from her Dad to be sent to her. In person and zoom are not viable options for xxxxx at her age and stage of development and it remains our view that to continue these would further affect her emotional wellbeing."
This report has really shock me up as I am hoping for the court to appoint of an Independent Social Worker.
There has been no mention of my exs parenting skill or possible other causes of her upset when we have met. My daughter obviously becomes upset when being away from her mother for more than 10 to 15 minutes but it feels the finger is being pointed at me.

Sending letters will never work. What's the point as they will end up in the bin never to be read and anyway they would be between my daughter and I, not for my ex t read and feel smug about reading how much I miss my daughter?
Does anyone know how much sway will the contact centres recommendations have with the court? I have instructed my barrister to push for an ISW.
I feel if the hearing goes the way for the contact centres recommendations I may not see my daughter for several years and also I can not afford Psychologist fees and they may not prove anything with a child so young. If I loos this round things will go back to the beginning and in a year or two proceedings will have to start all over again.

Any advice and positivity is so welcome at this time. Thank you in advance

 

[bujanin]

I am besides my self with worry this evening after just receiving an email from my solicitor. A couple of months ago as mentioned earlier in this thread contact moved from the centre to zoom calls and then stopped completely due to my daughter becoming distressed.

I am due back in court next week and have just found out that the contact centre have suggested a Psychologist maybe a suitable option if the courts and other professionals agree. They have also gone on to say "It is their professional recommendation to support xxxx as she develops emotionally, for letters from her Dad to be sent to her. In person and zoom are not viable options for xxxxx at her age and stage of development and it remains our view that to continue these would further affect her emotional wellbeing."
This report has really shock me up as I am hoping for the court to appoint of an Independent Social Worker.
There has been no mention of my exs parenting skill or possible other causes of her upset when we have met. My daughter obviously becomes upset when being away from her mother for more than 10 to 15 minutes but it feels the finger is being pointed at me.

Sending letters will never work. What's the point as they will end up in the bin never to be read and anyway they would be between my daughter and I, not for my ex t read and feel smug about reading how much I miss my daughter?
Does anyone know how much sway will the contact centres recommendations have with the court? I have instructed my barrister to push for an ISW.
I feel if the hearing goes the way for the contact centres recommendations I may not see my daughter for several years and also I can not afford Psychologist fees and they may not prove anything with a child so young. If I loos this round things will go back to the beginning and in a year or two proceedings will have to start all over again.

Any advice and positivity is so welcome at this time. Thank you in advance

I feel you Kev19. Letters to a child of that age serve what purpose? My child is older but I have only sent correspondence to the school and got agreement that it would be kept at school.

The contact centre personnel that I have had contact with were good enough at their role when it came to supporting us and giving written feedback, minimal and general. But to what extent contact centre staff are equipped to give advice in such a complex situation with a developing infant mind and a spiteful mother at the centre. You surely do need a very specific type of professional to get to grips with what is going on.

You come across as clear and on the point. It's so delicate. All I am bringing is some positivity to let you know that there are many members - I am sure - that are willing you on.