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Result of Final Hearing

DIDDY

Well-known member
Member
Hello All
I wanted to share my experiences of the Final Hearing yesterday.
I was seeking 50/50 shared arrangements with my ex of my teenage boy.

Allegations from her were:
domestic abuse
controlling behaviour
alcohol and drugs
(sound familiar?)

Cafacass S7 was a horror show, essentially backing up what had been accussed with reported incidents, anecdotal evidence, and general "impressions" she had of me.
recommended:
Child Arrangements Order (live with) mother
Child Arrangements Order (spend time with) for me
8 overnights a month

In the report were mentioned "power imbalance" "pattern of controlling behaviour" "evidence base suggesting abuse"

I spent a good month unpicking the report, asking questions on this forum, spoke to Families Need Fathers, and asked around.

Yesterday in Croydon family court, I arrived way too early and while pacing up and down in a corridor realised I had sweated so much I had to find the toilets and dry my shirt out on a hand dryer.

The ex, as a lawyer friend predicted, "played dirty" and didnt send me her Statement until 1 hour before the hearing. The Judge hadnt read it so we had to have a break before we started so we could all read it. As my lawyer friend said, playing dirty might piss off the judge (it didnt) but it makes ZERO difference to the judgement, that is deciding the best thing for the child. I had sent her mine the day before, so she had stalled until receiving it then responded in her own statement - sneaky.

Before the hearing Cafcass got us together to see if we could compromise. I had read, and been told, that compromise was the best hope, so I had a mental plan of where I would go to if needing to negotiate. The ex stuck firmly to her demands and refused to compromise

I had about 20 questions for Cafcass and I was careful to not sound "controlling and coersive" while doing it, but they were good questions and showed that she had no evidence.....cant go into the boring detail here but keeping them to yes / no questions helped a lot.

I made sure the judge could see that I was always child focused - in his summing up he said he saw no evidence to conclude there was abuse, and complimented me by saying that I had shown concern for the child and had been willing to compromise.

In the call Cafcass made with my child he said he only wanted 8 nights a month - but then he called Cafcass later on to change his mind and wanted 50 /50. The Judge (and Cafcass) both gave this later call attention, and considered it as valuable and reliable as what he said in the interview - I was at pains to show that although yes he might have been influended by me in calling, he may also have been influenced by his mother.

Judgement made:
Shared Lives With Order for BOTH parents
12 overnights.
50 / 50 of all holidays.

I am thrilled with this decision as it means that I have a 40% share of him during term times. This also means that adding the shared holidays means I wont have to pay the ex any more "child support" money.

If anyone is in doubt about LIP - just write everything out and stick to your plans and follow your process. The judge was very patient with me and I am so very very glad I didnt spend the £5k I was quoted for a barrister.

It is with enornous relief that I can now close this, I feel like a massive weight has been lifted and I urge anyone out there, overwhelmed by the forces of The Ex and Cafcass, to stick to your guns. I was told over and over that it was "unlikely" the judge would not follow Cafcass recommendations, but he saw through the lies and I think appreciated my attitude and willingness to negotiate.

I also have to add here - I got some stinking advise from Families Need Fathers, and speaking to them only made my worries grow, and I wish I hadnt bothered talking to them.

D
 
Well done Diddy! Really pleased for you. It is possible to self rep and do well - depending on the circumstances and whether you’re up to that kind of thing. I personally am too quiet and get tongue tied.

It’s a great result - especially the lives with both parents. I could t quite follow the 12. Is that 12 nights a month? 6 nights a fortnight?

Don’t wish to put a damper on but if it’s less than 50/50 in term time then there would still be CM to pay but at a lesser rate :-)
 
Well done Diddy! Really pleased for you. It is possible to self rep and do well - depending on the circumstances and whether you’re up to that kind of thing. I personally am too quiet and get tongue tied.

It’s a great result - especially the lives with both parents. I could t quite follow the 12. Is that 12 nights a month? 6 nights a fortnight?

Don’t wish to put a damper on but if it’s less than 50/50 in term time then there would still be CM to pay but at a lesser rate :-)
Yes I know all cases vary widely but as a general principle, I want people on here to realise it is possible and to not give up (I almost broke a few times along the way, especially after the S7).
Yes, 12 nights a month.

If it is 12 nights a month plus half of all holidays that makes it 182.5 days.
And as per the CMS calculator -
1725446130089.png
 
Well done Diddy, great result. Out of interest, what was the bad advice you got from Family for Fathers? I’ve been going to the local group and the chap has seemed helpful so far e.g. advising me to do a range of SARs that may help my case. I’d be interested to know what you felt was bad advice based on your experience of going through the process. Thanks
 
Well done Diddy, great result. Out of interest, what was the bad advice you got from Family for Fathers? I’ve been going to the local group and the chap has seemed helpful so far e.g. advising me to do a range of SARs that may help my case. I’d be interested to know what you felt was bad advice based on your experience of going through the process. Thanks
I just had a phone call with someone from FNF and he advised me to make a bundle and other things that were not on the order, also seemed upset with me for not filing the Witness Statement by the time the DRA order required it (DRA order asked for statements in February - I filed mine last Thursday).

My friend who works in Family Law gave me the best advice - deadlines dont mean much in Family Law, and you only need to do what is included in the order. I think this is good advice for anyone - only do what you are asked to do in the order - mine stated that my Witness Statement should be no more than 12 pages - when if you google it you are told no more than 4 pages.

Also, as mentioned, thought both the ex and I were 6 months late submitting orders, the judge didnt seem to mind. He would not need to read them months in advance anyway.

I should say however that when I went along to a FNF group talk, it was useful if only to hear other men's experiences.
 
Thanks diddy. It’s useful to know your thoughts on deadlines. I think that’s what the ex will try and do, get me to submit my statements etc.. then submit hers after to try and undermine them. Thanks for the advice.
 
Thanks diddy. It’s useful to know your thoughts on deadlines. I think that’s what the ex will try and do, get me to submit my statements etc.. then submit hers after to try and undermine them. Thanks for the advice.
It is a good idea, when you are ready, to drop her an email asking something like "are you ready to exchange statements today?" and then arrange a time to do it. If she ignores that then you can show you have tried to do the right thing.
 
Yes I know all cases vary widely but as a general principle, I want people on here to realise it is possible and to not give up (I almost broke a few times along the way, especially after the S7).
Yes, 12 nights a month.

If it is 12 nights a month plus half of all holidays that makes it 182.5 days.
And as per the CMS calculator -
View attachment 1929
That's great - I didn't realise that last category had a "range" like that :)

I'm aware that some Dads, even with a full 50/50 have had issues with the CMS saying they still need to pay - so be prepared for that and to fight it. On some occasions they have said because the Mother still had a couple of hours more weekly, they considered her to be the primary parent.

With witness statements - to be fair it is a good idea to submit witness statements on time - providing they are exchanged at the same time. Never submit yours first. It's perfectly acceptable to submit it to the court on time along with an email saying statements haven't been exchanged yet, as the other party hasn't responded to communication about exchange etc. As long as you submit it to court by the day and time in the order (and yes it can be a bit later if you email the court and explain it'll be a few days to a week late).

I think you were lucky with the Judge there as submitting witness statements the day before, some Judges would be apoplectic or even adjourn the hearing! Even though your ex did it.

If using a solcitor, exchange of statements is done to a protocol and they agree a time to exchange electronically and do it simultaneously. If no solicitor, then the solicitor for the other side tries it on with you often, and you can't trust them to exchange simultaneously, so what some Dads do is send their statement to court and send it to the other side password protected, and then tell the other side they will give them the password once they've received the ex's statement. If they don't end up getting exchanged at all, that's not so much an issue as you can ask the court to send the other side's statement to you and vice versa, once they've been submitted to court. Because once submitted to court the statements can't be changed. And no new evidence can be sent without agreement from both parties.
 
I'm a little confused by your maths of the number of nights. I cannot get it to 182.5 days.
Are you assuming that you are getting 12 nights a month on top of half the holidays - i.e. 12 + 15.5 in August = 27.5 days?
 
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I make it either 152 or 164 nights a year, depending whether your 12 nights is monthly or 4 weekly. Maybe there is something else in your order I don't know about - see below.
 
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If the order says holidays start from the last day of term and end on the first day of the next term, that might add a few nights as well. Eg a 2 week Easter holiday period is actually about 18 nights rather than 14, if counted from the end of term through to start of following term. Same with Christmas.

Working it out that way:

Easter and Christmas hols 18 nights each - divided in half = 18
Half terms 10 nights - divided in half 5 nights x 3 half terms = 15
Summer holidays 6 weeks plus a two or 3 extra days most years divided by 2 = 22.5 nights

That makes 55.5 nights a year holidays

Plus 99.5 term time = 155 nights a year. If it's 6 nights a fortnight then it's 167 nights a year.
 
Last edited:
Hello All
I wanted to share my experiences of the Final Hearing yesterday.
I was seeking 50/50 shared arrangements with my ex of my teenage boy.

Allegations from her were:
domestic abuse
controlling behaviour
alcohol and drugs
(sound familiar?)

Cafacass S7 was a horror show, essentially backing up what had been accussed with reported incidents, anecdotal evidence, and general "impressions" she had of me.
recommended:
Child Arrangements Order (live with) mother
Child Arrangements Order (spend time with) for me
8 overnights a month

In the report were mentioned "power imbalance" "pattern of controlling behaviour" "evidence base suggesting abuse"

I spent a good month unpicking the report, asking questions on this forum, spoke to Families Need Fathers, and asked around.

Yesterday in Croydon family court, I arrived way too early and while pacing up and down in a corridor realised I had sweated so much I had to find the toilets and dry my shirt out on a hand dryer.

The ex, as a lawyer friend predicted, "played dirty" and didnt send me her Statement until 1 hour before the hearing. The Judge hadnt read it so we had to have a break before we started so we could all read it. As my lawyer friend said, playing dirty might piss off the judge (it didnt) but it makes ZERO difference to the judgement, that is deciding the best thing for the child. I had sent her mine the day before, so she had stalled until receiving it then responded in her own statement - sneaky.

Before the hearing Cafcass got us together to see if we could compromise. I had read, and been told, that compromise was the best hope, so I had a mental plan of where I would go to if needing to negotiate. The ex stuck firmly to her demands and refused to compromise

I had about 20 questions for Cafcass and I was careful to not sound "controlling and coersive" while doing it, but they were good questions and showed that she had no evidence.....cant go into the boring detail here but keeping them to yes / no questions helped a lot.

I made sure the judge could see that I was always child focused - in his summing up he said he saw no evidence to conclude there was abuse, and complimented me by saying that I had shown concern for the child and had been willing to compromise.

In the call Cafcass made with my child he said he only wanted 8 nights a month - but then he called Cafcass later on to change his mind and wanted 50 /50. The Judge (and Cafcass) both gave this later call attention, and considered it as valuable and reliable as what he said in the interview - I was at pains to show that although yes he might have been influended by me in calling, he may also have been influenced by his mother.

Judgement made:
Shared Lives With Order for BOTH parents
12 overnights.
50 / 50 of all holidays.

I am thrilled with this decision as it means that I have a 40% share of him during term times. This also means that adding the shared holidays means I wont have to pay the ex any more "child support" money.

If anyone is in doubt about LIP - just write everything out and stick to your plans and follow your process. The judge was very patient with me and I am so very very glad I didnt spend the £5k I was quoted for a barrister.

It is with enornous relief that I can now close this, I feel like a massive weight has been lifted and I urge anyone out there, overwhelmed by the forces of The Ex and Cafcass, to stick to your guns. I was told over and over that it was "unlikely" the judge would not follow Cafcass recommendations, but he saw through the lies and I think appreciated my attitude and willingness to negotiate.

I also have to add here - I got some stinking advise from Families Need Fathers, and speaking to them only made my worries grow, and I wish I hadnt bothered talking to them.

D

Well done @DIDDY the Dads LIP army is growing stronger 🫡

Congratulations on the 50/50 order 😃
 
I'm so pleased to hear this.

Keep going dads.

We're on a bit of a roll.

There will be some maintenance to pay but don't let any of that damper your spirits. You should be so proud of yourself.
 
I'm a little confused by your maths of the number of nights. I cannot get it to 182.5 days.
Are you assuming that you are getting 12 nights a month on top of half the holidays - i.e. 12 + 15.5 in August = 27.5 days?
Damn, you are right. My mistake.
 
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If the order says holidays start from the last day of term and end on the first day of the next term, that might add a few nights as well. Eg a 2 week Easter holiday period is actually about 18 nights rather than 14, if counted from the end of term through to start of following term. Same with Christmas.

Working it out that way:

Easter and Christmas hols 18 nights each - divided in half = 18
Half terms 10 nights - divided in half 5 nights x 3 half terms = 15
Summer holidays 6 weeks plus a two or 3 extra days most years divided by 2 = 22.5 nights

That makes 55.5 nights a year holidays

Plus 99.5 term time = 155 nights a year. If it's 6 nights a fortnight then it's 167 nights a year.
Thanks for pointing that out, you are right.
 
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I'm so pleased to hear this.

Keep going dads.

We're on a bit of a roll.

There will be some maintenance to pay but don't let any of that damper your spirits. You should be so proud of yourself.
Yes c'mon dads, we are worth it. Just stick to the plan and leave your feelings out of it.
 
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That's great - I didn't realise that last category had a "range" like that :)

I'm aware that some Dads, even with a full 50/50 have had issues with the CMS saying they still need to pay - so be prepared for that and to fight it. On some occasions they have said because the Mother still had a couple of hours more weekly, they considered her to be the primary parent.

With witness statements - to be fair it is a good idea to submit witness statements on time - providing they are exchanged at the same time. Never submit yours first. It's perfectly acceptable to submit it to the court on time along with an email saying statements haven't been exchanged yet, as the other party hasn't responded to communication about exchange etc. As long as you submit it to court by the day and time in the order (and yes it can be a bit later if you email the court and explain it'll be a few days to a week late).

I think you were lucky with the Judge there as submitting witness statements the day before, some Judges would be apoplectic or even adjourn the hearing! Even though your ex did it.

If using a solcitor, exchange of statements is done to a protocol and they agree a time to exchange electronically and do it simultaneously. If no solicitor, then the solicitor for the other side tries it on with you often, and you can't trust them to exchange simultaneously, so what some Dads do is send their statement to court and send it to the other side password protected, and then tell the other side they will give them the password once they've received the ex's statement. If they don't end up getting exchanged at all, that's not so much an issue as you can ask the court to send the other side's statement to you and vice versa, once they've been submitted to court. Because once submitted to court the statements can't be changed. And no new evidence can be sent without agreement from both parties.
That is really excellent advice, re password protecting the statement.
 
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If the order says holidays start from the last day of term and end on the first day of the next term, that might add a few nights as well. Eg a 2 week Easter holiday period is actually about 18 nights rather than 14, if counted from the end of term through to start of following term. Same with Christmas.

Working it out that way:

Easter and Christmas hols 18 nights each - divided in half = 18
Half terms 10 nights - divided in half 5 nights x 3 half terms = 15
Summer holidays 6 weeks plus a two or 3 extra days most years divided by 2 = 22.5 nights

That makes 55.5 nights a year holidays

Plus 99.5 term time = 155 nights a year. If it's 6 nights a fortnight then it's 167 nights a year.
Ash, I am now also a bit confused - ie how is a 2 week break equal to 18.
Would it not be Friday+Saturday+Sunday + M/T/W/T/F + Saturday+Sunday +M/T/W/T/F + Saturday+Sunday = 17?

I'd be happy to carry on with this on DM if you are able?

Thanks
 
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