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The beginning of my journey…

miami18

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Hello everyone, I’m glad to have somewhere to post my story. Hopefully I can help others down the line, but for now my journey has only just begun.

I was with my ex partner up until last year, our daughter was born early in 2023 and our relationship was seemingly normal. We are both quite young (27). At the time, we were planning to move in together. I was in the process of buying a house for our family, I have a decent job and provided everything we needed. Our relationship had some issues, mainly on my her side as she had some trauma from an ex boyfriend who supposedly used to hurt her. I caught her a few times looking at photos of him etc, but it was too late as by this point she was pregnant so I turned a blind eye.

3 months after our daughter was born, I found text messages to her friends explaining that she had cheated on me with her ex just before she got pregnant. She was literally laughing about it with them, saying that if it had happened a month after then she wouldn’t have even known who our daughter belonged to. I was heart broken, and couldn’t understand why this happened. I never even looked at another woman, never laid a finger on her, gave her everything that I could and yet still did what she did. The weird thing was, the first thing that came to my mind wasn’t what had happened to me… but what would become of our family and my relationship with my daughter. Long story short, she was barely sorry and basically told me ‘s*** happens, get over it’.

After I found out, she didn’t let me see my baby for a month. She said that if I don’t reconsider getting back together with her, I couldn’t see her again etc. I lied to her and told her I needed time to think, and for the rest of the year we remained separated but I was allowed to stay over at hers (sofa) most weekends, and the others I’d be allowed to have her over at mine. I did this because I knew if I didn’t, id miss my daughter growing from a baby to a toddler and I guess I was prolonging the inevitable. As we went into the new year, we started to discuss separation properly and what it would entail. She wanted one weekend, and the other I’d have our daughter at mine. I didn’t see this as fair, because I’d basically only see my daughter for 2 weekends a month, and she wasn’t offering me any weekdays either.

Things turned nasty, she attacked me twice (luckily I video recorded one of the incidents). I was also paying her £500 per month, and she was demanding more money from me, making threats if I didn’t pay etc.

Over the next few months things changed massively. She wouldn’t let her stay over at mine anymore, I was only allowed to see her every 2 weeks if I was lucky, my days with her got cut down to 4-6 hours per time etc. I knew it was eventually going to become nothing, so in June 24’ I filed my c100. I explained what happened, and noted that I would represent myself. She then cut me off completely, and I haven’t heard from her or seen my daughter since July.

I messaged and called every few days, but heard nothing back. I got a call from the police in late August telling me that she had gone to them to file a complaint for harassment, the police basically laughed it off and told me not to worry about it as they had seen the texts/calls and I had done nothing wrong. In the same month, she got herself a solicitor via legal aid and we both were contacted by CAFCASS for our safe guarding calls which we completed the same month.

The CAFCASS officer was nice, and I got on well with her. She informed me that in July my ex partner had gone to social services for help (makes no sense, all of her family live on the same road as her and are very involved). The officer sent me her draft statement, which showed her to be very much on the fence due to different narratives and she recommended a section 7 and/or fact finding hearing. I then got in touch with a solicitor, and bit the bullet of the cost. £3000 for initial hearing, £5000 if it goes to fact finding and £3000 for a final hearing. Overall £11,000 potential for legal costs.

My solicitor made sense of the situation with the social workers and the police being informed about me, the ONLY way to get legal aid now is to claim domestic abuse. In this case, not physically only emotional. She claimed that I have harassed her, and put pressure on her to see our daughter etc. I know my hands are clean, I’m really not the type and in fact I’ve been the victim of emotional and physical abuse.

Her solicitor responded to my allegations of financial/physical/emotional abuse, saying that due to my claims against her I shouldn’t be allowed to see my daughter again. Outrageous, I know. Little do they know I was taking videos, voice recordings etc along the way. Most of the situation for over a year has been documented by myself without the knowledge of my ex partner, which will do me a lot of justice.

Initially my c100 stated that I wanted 50/50, as our daughter needs both parents. I stated that even though she is violent towards me and would potentially bring violent ex/new partners around our child, I would still attempt to co parent with her. However, as she is seeking full custody against me and has alienated me as a parent, it has forced my hand and I am now asking for the same as she is.

CAFCASS have since revised their statement, and recommended that we attempt to co parent. They have also said that there’s no reason why I shouldn’t see my daughter, and that interim contact is recommended. If my ex has an issue with this, I can be supported by a family member for hand overs etc. Oh, she also accused me of neglect. Saying that i gave her a cheese sandwich (lunch box at a farm outing once) instead of a proper meal, and i dropped her back late once so therefore im unable to look after a child. Totally bonkers.

This situation has been terrible, especially since I have always played by the book and everybody in my life knows that my daughter has always been my number 1 priority. And always will be.

I have my first hearing this week, so I hope it goes well. I know these things are unpredictable, but let’s see what happens.

If anybody has any advice, or thinks I have missed anything that may benefit the situation.. please let me know!
 
Hi

Sorry to hear this. It sounds like you've done everything by the book and hopefully it will work out in court. Also it sounds like she's clutching at straws.

So you have a barrister for court? Given the costs can be high a barrister is often more valuable than a solicitor.
 
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However difficult it's always best not to criticise the ex. Just stay neutral and child focused.
 
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So sorry you are going through all of this.

Take pride in what you have done for your daughter. A lot of dads, me included, make mistakes early on but it sounds like you have played a blinder so far.

I'll try and post more later but you are possibly spending a lot of money on a solicitor that won't get you very far.

I'll do my best to post later.

Stay well mate, you're in safe hands here.
 
Hi

Sorry to hear this. It sounds like you've done everything by the book and hopefully it will work out in court. Also it sounds like she's clutching at straws.

So you have a barrister for court? Given the costs can be high a barrister is often more valuable than a solicitor.
Thank you so much, hopefully things go well this week. I’m still so in the dark about what to expect.

Sorry I should have specified, that price includes a barrister for court as well.
 
Hey @alexk How did you get on this week mate?

Hey @alexk How did you get on this week mate?
To be honest, it went terribly…

So the timeline was, this morning her solicitor sent an outrageous final positional statement recommending that I see my daughter every 2 weeks for up to 3 hours in a contact centre. I met with my solicitor and barrister, and they laughed it off saying that will never happen. We put together out statement, outlining that in the end I want a 50/50 agreement but for the interim contact I want alternating weekends from Friday - Sunday, and 2 days per week on the other weeks. They said I had a great chance, and the judge should accept it etc.

The magistrates judges are a joke. They asked for more clarity on the abuse accusations I have against my ex, my barrister explained to them what had happened etc. They then asked my ex if she has experienced the same (literally put her on the spot with a yes or no questions) to which she replied yes. No actual reasoning behind it, or any specific things I had done.

They then said that due to the allegations, they’re invoking section (12 or 21? I can’t remember) which protects the victim from the perpetrator. In this case, the victim is me but due to the victim normally being the female the law only works FOR the female. In a nutshell, it blocks the applicant of the case seeing the child until further information is provided. The session was then adjourned, my barrister went nuts at them and said what about the interim contact etc. My ex’s solicitor piped up and offered every week contact on a Saturday for 3 hours, with pick ups directly from her house (the judge agreed with this).

This makes 0 sense, as they ruled no contact due to the allegations I made against her, yet they’re allowing direct pick ups for 3 hours a week??? It’s a total head spin. My barrister argued with them, saying there’s a clear bias because I’m a male and that she will be filing a complaint and appeal against the magistrates. The legal clerk put her microphone on, and literally started laughing at us. It was an absolute s*** show to be honest.

We’ve now got another hearing (2 hours, not fact finding) next month, so I will have another crack at getting the interim contact changed.
 
To be honest, it went terribly…

So the timeline was, this morning her solicitor sent an outrageous final positional statement recommending that I see my daughter every 2 weeks for up to 3 hours in a contact centre. I met with my solicitor and barrister, and they laughed it off saying that will never happen. We put together out statement, outlining that in the end I want a 50/50 agreement but for the interim contact I want alternating weekends from Friday - Sunday, and 2 days per week on the other weeks. They said I had a great chance, and the judge should accept it etc.

The magistrates judges are a joke. They asked for more clarity on the abuse accusations I have against my ex, my barrister explained to them what had happened etc. They then asked my ex if she has experienced the same (literally put her on the spot with a yes or no questions) to which she replied yes. No actual reasoning behind it, or any specific things I had done.

They then said that due to the allegations, they’re invoking section (12 or 21? I can’t remember) which protects the victim from the perpetrator. In this case, the victim is me but due to the victim normally being the female the law only works FOR the female. In a nutshell, it blocks the applicant of the case seeing the child until further information is provided. The session was then adjourned, my barrister went nuts at them and said what about the interim contact etc. My ex’s solicitor piped up and offered every week contact on a Saturday for 3 hours, with pick ups directly from her house (the judge agreed with this).

This makes 0 sense, as they ruled no contact due to the allegations I made against her, yet they’re allowing direct pick ups for 3 hours a week??? It’s a total head spin. My barrister argued with them, saying there’s a clear bias because I’m a male and that she will be filing a complaint and appeal against the magistrates. The legal clerk put her microphone on, and literally started laughing at us. It was an absolute s*** show to be honest.

We’ve now got another hearing (2 hours, not fact finding) next month, so I will have another crack at getting the interim contact changed.
Oh, they also totally disregarded the CAFCASS ruling in my favour. We brought it up and they shot it down instantly.
 
That court result makes zero sense.
I had the complete opposite exp, where 3 female magistrates effectively dismissed my exs wants for a S7 etc and gave interim and went straight to final hearing….
 
Really sorry to hear this. One issue can be that if both parties make allegations against the other, they decide there is "conflict between parents" which they consider harmful to the child. As Roblox said above, it's better to be child focused and not make allegations against the ex, even if they are true.

Magistrates aren't actually qualified lawyers - if it's something they think could be an issue they just back out basically.

Suggest you ask for the case to be transferred to a District Judge.

Also - just wondering if the barrister was any good (sorry). How much of the fee was for the barrister? Anyone under about 1800 for a half day might not be the best.
 
I deleted your other post entitled first hearing today, as it seemed identical to this one.
 
That court result makes zero sense.
I had the complete opposite exp, where 3 female magistrates effectively dismissed my exs wants for a S7 etc and gave interim and went straight to final hearing….
That’s exactly what we were asking for, interim contact and a final hearing. Got granted none of the above.
 
Really sorry to hear this. One issue can be that if both parties make allegations against the other, they decide there is "conflict between parents" which they consider harmful to the child. As Roblox said above, it's better to be child focused and not make allegations against the ex, even if they are true.

Magistrates aren't actually qualified lawyers - if it's something they think could be an issue they just back out basically.

Suggest you ask for the case to be transferred to a District Judge.

Also - just wondering if the barrister was any good (sorry). How much of the fee was for the barrister? Anyone under about 1800 for a half day might not be the best.
I mean, I was sort of forced to make the allegations in my opinion. I see now that it has complicated things, but I felt that everything would come out eventually so I’d prefer to put it out there earlier rather than later.

They denied putting the case to a district judge, as it wasn’t considered severe enough .. yet severe enough to deny interim contact.

It was £2000 for the barrister, she was decent to be fair. They didn’t really give her a chance, it seems their mind was made up already. Friday afternoon, they didn’t want to open up any can of worms that they couldn’t finish.
 
@alexk so sorry to hear of your terrible experience in court.
I had a very similar experience recently and guess what, the scenario my barrister told the lay magistrate that would happen did happen.
I am going to ask for my case to be transferred to a District Judge. My Barrister said to me of the lay magistrates we had before us "you can't teach stupid". some lay magistrates are failed lawyers.
I know how frustrating this must be for you and I wish you all the best at your next hearing.
 
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Yes they asked you specific questions. Sadly, with this process, being upfront about everything doesn't do us any favours. There is a need to be strategic to get the end goal needed - ie the Child Arrangements order. One of the mantras on here is "never say anything negative about the ex" - even if it's true! The key is to present yourself as the non confrontational, child focused ones. They will always leave children with Mothers, regardless of what they have done in the relationship - so the focus is on - are you a good Dad. To them, a good Dad is one who is positive about co parenting and says good stuff about the Mother. Also what this does is show the Mother as the one who is hostile - so you don't get tarred with the same brush.

If both make allegations, it can be seen as a) mud slinging and b) an emotional risk to the child if the parents are in conflict

Very frustrating that you paid a barrister and the magistrates wouldn't listen.

There is a positive to this. If you get stuck with magistrates and the final order isn't as good as it should be, you can appeal within 21 days without needing permission to appeal - and then you'll get a senior Judge.

A Dad on here did that and came out with a full order after being left with supervised only, indefinitely.
 
@alexk so sorry to hear of your terrible experience in court.
I had a very similar experience recently and guess what, the scenario my barrister told the lay magistrate that would happen did happen.
I am going to ask for my case to be transferred to a District Judge. My Barrister said to me of the lay magistrates we had before us "you can't teach stupid". some lay magistrates are failed lawyers.
I know how frustrating this must be for you and I wish you all the best at your next hearing.
Sorry to hear that mate, it’s frustrating. I think we just have to take some comfort in the fact that things can go from bad to good quite quickly, as you have more hearings etc. Most barristers are not keen at all on magistrates, and I can see why now
 
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