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The Start of My Story

antelope59

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Hi everyone, I’ve done a lot of reading on the forum and find myself feeling sadness but also solace in the fact that there are so many other decent men out here fighting for their kids.

Both children (3 & 5) are non verbal autistic, the oldest is in school but the youngest would spend most of his days locked in the living room behind a baby gate because she couldn’t stand them “making a mess” around the home, like a normal child, and wouldn’t take them out as “there’s nowhere to go” or “the weather is bad” despite her being unemployed.

I would do all the morning routines whilst she showered and got dressed and makeup etc to go to the gym 5 days a week. I work full time WFH. I also did the bath time and bed time routine whilst she would deep clean the whole house instead of help be a parent.

We accumulated over £20,000 in debt - all in my name of course, I’m now left with £10,000. I also paid the rent & ctax for this month and have not actually spent any time in it.

She ended up monkey branching to her personal trainer last month, that I had been help pay £150/month for. She told me about it on Fathers Day. She didn’t hide the fact she was now in a new relationship despite us still living together trying to co-parent due to neither of us being able to afford to leave, nor did I think I should be the one to leave. She was staying at his on the weekends and speaking to him on the phone most nights.

Over the next few weeks I attempted plenty of times to reconcile but she was always cold, until one night where it seemed we were, we slept in the same bed and ended up having sex for about 10 minutes when she said to stop - she left to his house in the early hours and returned with him in the morning with threats of violence and to leave or she would report me for rape to the police and that I’ll see the kids on her terms.

I left, blocked her on socials and told my family to ignore her. She didn’t like this as I’d take a few items she would want (blender, air fryer, car seat) so she reported me to the police anyway.

I was locked in a dry cell for about 9 hours, gave intimate swabs and gave a 2 hour police interview with a duty solicitor present, my solicitor told me to tell my story and consent to giving my devices and passcodes over. It seemed to go well and the female OIC and interviewing officer made some comments off recording that they probably shouldn’t have but gave me reassurance that they likely believed I’d been in an abusive relationship and was telling the truth - however they have to do their investigations.

Social services are involved now due to the allegations and she told them she was happy to do 60/40 custody but then the next day filed a C100 saying I’m going to abduct the children and wants to restrict me to a few hours a week supervised contact in a contact centre. Meanwhile her new partner is taking her and my children on days out and he’s sleeping in the bed I paid for, eating food out of the fridge I paid for.

A prohibited steps order was put in place and an urgent hearing at court, thankfully I spoke to a solicitor who helped write a great positioning statement. My solicitor said it was obvious she had done this on her own and my ex showed up without representation.

The judge was amazing, I think partly because she had no justification for the order, he lifted the order and I offered a general form of undertaking to ensure I wouldn’t abduct my own children even though this is essentially what she was doing by not giving access. The judge told her to not attempt to airbrush me out of the boys lives now she has a new partner(!!) and that the children deserve to see both parents equally.

No child arrangement order is in place and I assume CAFCASS will be in touch however social worker thinks they will just have them do a Section 7 report since they’re already involved and have started assessments.

I suspect to be back in court for another hearing in a few weeks once the Section 7 is done. My solicitor has told me to submit a counter C100 detailing all the abuse I’ve suffered in the relationship (coercive control, financial, psychological, emotional abuse) and the neglect and abuse my children have suffered at her hand (chastising, lack of socialising).

I didn’t want to go to court, or have the police and social services involved however I feel I have no choice now to stop being passive and go on the offensive to protect myself and protect my boys.

She has finally let me see the boys this weekend for 24 hours after a very long 2 weeks with no contact. She had the audacity to ask my mum (who did the handover) for pictures and updates of the children whilst they’re with me. Thankfully social services have restricted contact to a communication book due to my bail conditions (which someone else has to write for me).

Hoping some people can give me a bit of guidance on what the court process might look for me and any advice you think I might need. Thank you all I’m so glad I found this forum.
 
horrible story, honestly ... women .... FFS. Everyone on here is in a similar boat,, after all, if both parents are reasonable and amicable, there is nothing to argue about.

So a few things.

Do NOT tell your ex what you are doing, if you forewarn her, she will no doubt make it hard for you. Keep your cards close to your chest.
MAIM - you are exempt, but you need an exemption certificate to move on.

Again, do NOT tell your ex any of your plans, not a single word.

1. Consider a C1A , as locking a child in a room and preventing normal activities, such as going out - is child abuse, plain and simple. The courts will want to look at this as a matter of urgency.
2. Consider a social services referral - as above - both in tandem, one will ask why you have done the other. so C1A and social services referral.
3. Hook up for victims support on mens domestic abuse hotlines and websites
4. Inform GP , you are a victim , but men try to not outwardly be the victim - but you are a victim and you need to wear it on your sleeve - its the game they play, so you need to as well. you want screens in court , emotional support etc etc.

So CAO, C1A, Social services referral and victim support.
 
It sounds like she had legal advice to change from 60/40 to supervised only. Take the supervised for now - you'll get contact centre reports which will help later.

So you've had the urgent hearing re the PSO. Next thing will be a first hearing (after a Cafcass call and report). I'm not sure I agree with your solicitor regarding making counter allegations (even if true) as that could really drag things out or Cafcass decide there is conflict between parents which is harmful to the children - then they get left with the Mother.

Are you still on bail and waiting for NFA? Submitting a counter C100 is a good idea though - but without accusing your ex you could highlight that the childrens conditions will be affected by not seeing their Father and say that 60/40 was initially agreed. Be the child focused one, not the one making accusations - IMO.
 
horrible story, honestly ... women .... FFS. Everyone on here is in a similar boat,, after all, if both parents are reasonable and amicable, there is nothing to argue about.

So a few things.

Do NOT tell your ex what you are doing, if you forewarn her, she will no doubt make it hard for you. Keep your cards close to your chest.
MAIM - you are exempt, but you need an exemption certificate to move on.

Again, do NOT tell your ex any of your plans, not a single word.

1. Consider a C1A , as locking a child in a room and preventing normal activities, such as going out - is child abuse, plain and simple. The courts will want to look at this as a matter of urgency.
2. Consider a social services referral - as above - both in tandem, one will ask why you have done the other. so C1A and social services referral.
3. Hook up for victims support on mens domestic abuse hotlines and websites
4. Inform GP , you are a victim , but men try to not outwardly be the victim - but you are a victim and you need to wear it on your sleeve - its the game they play, so you need to as well. you want screens in court , emotional support etc etc.

So CAO, C1A, Social services referral and victim support.
Thanks for all the info and yeah, I’m pretty sure she is Borderline Personality Disorder. We’ve been together for 7 years now and she has barely got friends and basically no family to support.

1. My solicitor had me do a word document for the C100/C1A so will make sure it’s done before the next hearing.

2. Social services are already involved because of the police investigation and I have the direct contact to the social worker who’s working the case.

3. I was going to contact Men’s Advice Line but wasn’t really sure what they could offer me, just seems like you just share your story to someone? Fortunately I have a lot of family and some close friends that have been amazing

4. I did speak to the GP to get a 28day sick note to deal with the breakup but do you think I should contact again about the abuse too? They have referred me to mental health services but still waiting for them to contact I assume there is quite a waiting list

Hi and welcome

Just on the 60 / 40 point. Did social services document that?
I don’t know if it’s documented but I will ask them when they call, they’re contacting me next week to see how the handovers went.

There’s a safety plan in place with social, funnily enough the support network for the kids is Me, their mother and MY family. No mention of her family at all and neither of us drive, and because of my bail I can’t contact her so it’s going to be a massive strain on my family to do all pickups and drop offs which I don’t think is fair since this is all her doing.
 
It sounds like she had legal advice to change from 60/40 to supervised only. Take the supervised for now - you'll get contact centre reports which will help later.

So you've had the urgent hearing re the PSO. Next thing will be a first hearing (after a Cafcass call and report). I'm not sure I agree with your solicitor regarding making counter allegations (even if true) as that could really drag things out or Cafcass decide there is conflict between parents which is harmful to the children - then they get left with the Mother.

Are you still on bail and waiting for NFA? Submitting a counter C100 is a good idea though - but without accusing your ex you could highlight that the childrens conditions will be affected by not seeing their Father and say that 60/40 was initially agreed. Be the child focused one, not the one making accusations - IMO.
She submitted the C100 on her own, I think she probably may have been advised to do one on her own until legal aid was sorted, it’s painfully obvious she didn’t have any guidance when writing or submitting it. She is a very reactionary person and it was done the same day she illegally dumped half of my belongings at my mums house. Social made me aware she has now applied for legal aid so I assume they may have advised her to say 60/40 now after the court dismissed everything she put in her forms about restricting contact. Her saying contact centre was all her idea 100%

I’m still on bail waiting for NFA this all happened about 3 weeks ago, so probably not due an update for another week or so from what I’ve read, usually victims get updated every 4 weeks?
 
Did you have a police interview and was there a solicitor there with you?
Yeah, I spoke to my solicitor for about an hour and he said to go in and be honest. Solicitor was present during my interview that lasted about 2 hours and then I was released on bail.

It was just a case of consent, she’s claiming she just woke up mid penetration whereas we had foreplay and she was very much awake and participating. It was either get back with me and actually have to work on the relationship or stay with this new guy she’s known for a month and going through an intense series of love bombing between each other from the things she told me. But then you can’t say you’ve cheated or he will be gone so she’s went the rape route which also has the added benefit of me being removed from the home.

Pretty sure she is BPD which explains a lot of her actions over the years including her volatile relationships with her family, and now me.
 
Long update -

Had my children last weekend which was amazing, it had been almost 4 weeks with zero contact, it was only for 24 hours but we had a great time, thankfully the weather was nice and we had a BBQ and fun time in the pool & garden. I got to cuddle and laugh with the kids, there’s nothing better than that feeling and it’s what is keeping me going. Seeing them leave was heartbreaking as I can’t be there for handovers.

Her new partner and her new best friend were at the pick-up and were very intimidating towards my family members by following them out to the car in the street and surrounding the car. She didn’t tell the social worker he was there obviously!! My family told the social worker what happened and she was very disappointed and specifically said he shouldn’t be there for handovers.

There’s a safety plan put in place that means I can’t have any friends with me whilst I have the kids due to allegations, so only family for now but that won’t hinder me. It’s also put in that her new partner won’t be involved in handovers until further investigation! She couldn’t handle not being in control so tried to restrict it to only 1 person at handover's which the social were going to agree with until I stated even school won’t do that as is not safe when travelling 2 disabled children to only have 1 adult who is also driving! Another little win for me, I have been only speaking over email now to the social worker so all of my concerns are logged and any retaliatory behaviour from my ex is logged.

I have also made sure that my current address is on the safety plan so it’s children live with both even in the social workers report as I assume they’ll be doing the Section 7 and not CAFCASS.

My FDHRA is set for a few weeks time. I have put 3 hours on file with my solicitor for now. They have also told me to submit a counter C100/C1A which they’re going to write for me as part of my fixed fee.

I have a question about the C100/C1A, after a lot of reflection there has been clear neglect (leaving youngest confined to 1 room most of the week and completely unsocialised and both are kept separated), chastising (mentioned in my position statement at hearing for Prohibited Steps Order that wasn’t denied) I have also definitely been the victim of an abusive relationship, from debts in my name and impulsive spending, having to delete social media for years, alienated from friends/family, destroying equipment that I need to WFH, coercively getting me to look after my child during work hours so they can have a social life despite not working themselves, and a lot of other things.

Should I mention all of this in my C100/C1A, my solicitor says I should but I understand this may also benefit them. I don’t have a lot of evidence, but my main reason for being primary carer despite working full time was because I didn’t like how she parented and is very selfish as evidenced by how she has ruined the family.

Positives - I will be seeing my children for 3 days over the weekends during the summer holidays unless she tries to stop but social have deemed I’m no risk and are happy with overnights. I will also be trying to use this to my advantage to go for every weekend plus 2 weekdays (Friday-Monday) as part of my 50:50 due to not driving and handovers being able to be done via school. I think she is selfish enough to give me every weekend too as she is living her best life with her new friends and partner.

1. Do I need to pay be represented at the FHDRA? I don’t really have a lot of money for a barrister and the solicitor is £180/hr.
2. Should I spend my time with my solicitor going over my proposal for 50:50 and how I think that looks and best suits the children’s needs? I have 3 hours on file, or do I just keep that saved for when I need representation at court.
3. Do I submit my counter C100/C1A mentioning abuse against children and against me? Neither?

Thanks all, I’ve been reading how to submit the C100 but as part of my fixed fee the solicitor will do it, I just want to know what’s best to include and exclude for the best results on my end.
 
Personally I would save on the solicitor costs, do the C100 yourself (with help on here) and put the money towards a direct access barrister for the first hearing. You're getting to see your kids unsupervised (is that right) so there are no welfare issues against you in that respect. So personally I would not raise any allegations against the ex or it could lead to a fact finding hearing and drag things out for a long time and get very expensive.

The goal is to get an order to see the kids. There is no reason that shouldn't happen because your ex is already allowing you to see the kids. If both parties make allegations, Cafcass are likely to consider it as "conflict between parents" which they consider is harmful for the kids. If they think the kids are at risk of harm from conflict, they tend to just leave them with the Mother and minimal or no time with the Father. So yes I think it could work against you. Things like leaving one child all week or chastising, are hard to prove as harmful as there is an acceptance that parents can choose their forms of discipline - plus it might just sound like mud slinging - especially if you can't prove it. The system is not really a fair playing field in that usually Mothers are seen as incapable of doing wrong. So unless your ex was arrested for drink or drugs or social services decided to take the kids from her, the family court isn't going to do anything. Fathers tend to be viewed with suspicion because we're men.

So the best application would be one that is child focused and shows you want to co parent amicably and doesn't say anything bad about the ex. This will contrast with her negativity and the court should look more favourably on you and hopefully Cafcass won't recommend a fact find. And yes SS will probably do a section 7 if it's ordered.

There's opportunity to reach agreement for a consent order at FHDRA, so depending what kind of Child Arrangements you want, a barrister might be able to thrash out an agreement and matters go no further. If you want 50/50 I doubt your ex would agree to that though as it means no Child Maintenance is due. If she agreed to something like 5 nights a fortnight then you'd have to decide whether to accept that or let it go to a final hearing and try for 50/50.

Meanwhile keep your cards close to your chest. Don't discuss any of these possible strategies with your ex.

We can help with C100 wording if you want. You don't actually need a solicitor - although it can be helpful to have one for a one off job just before a final hearing to help with final statement and bundle, but not essential. The important things happen at hearings and a direct access barrister is an expert at hearings - more so than a solicitor.
 
Yeah you’re correct, unsupervised contact Friday morning to Sunday Evening was agreed during the summer holidays. I will likely be going for the same but with Sunday night added into Monday morning. Time would be 50:50 but she would get 4 nights and I would get, however with term time I would get almost double the quality time she would. I assume because of the extra night she will be able to claim that in maintenance.

This is mainly due to distance and neither of us driving, the children having special needs. The fewer handovers the better, and also creates a routine for all involved. Handovers at school will also be fine with my bail conditions that I’ve read could last 9 months or more, so means I’m less reliant on a 3rd party.

I have the C100/C1A in my fixed fee with the solicitor so will get them to write it, they seemed honest so I will see if they think I should remove anything that could be seen as mudslinging - I sent everything over to them so will be interesting to see their opinion.

From everything I’ve read getting the CAO is the most important thing and I don’t really want to be in court forever and my ex is quite vindictive so no doubt there would be more allegations if I provoke.

How much do Barristers usually cost for a first hearing? I’ve been told it could be £1000s which I don’t really have.
 
My advice would be to get rid of the solicitor and save your cash for a barrister (1k for my Fhdra/dra). Taken me about 12 months and 6k to realise that one!
The only benefit of a solicitor is that it means someone has your back and you don't have to stress over all the back and forth emails and applications, which is especially good when your head is up your arse.

However, all the forms are straightforward and anyone on here can guide you. And other than send over priced letters, I don't really see what a solicitor offers that you cannot research yourself.

One final bit of advice, do not do anything to jeopardise your bail conditions!!! Police will lock you up at the mere mention of it, so do whatever it takes to stick to them. Easy to say, especially when her new bloke is there and being confrontational.
 
My advice would be to get rid of the solicitor and save your cash for a barrister (1k for my Fhdra/dra). Taken me about 12 months and 6k to realise that one!
The only benefit of a solicitor is that it means someone has your back and you don't have to stress over all the back and forth emails and applications, which is especially good when your head is up your arse.

However, all the forms are straightforward and anyone on here can guide you. And other than send over priced letters, I don't really see what a solicitor offers that you cannot research yourself.

One final bit of advice, do not do anything to jeopardise your bail conditions!!! Police will lock you up at the mere mention of it, so do whatever it takes to stick to them. Easy to say, especially when her new bloke is there and being confrontational.
Oh yeah I will not be doing anything to even come close to breaching bail, no contact even 3rd party unless it is strictly about child arrangement. Very much treating her as the volatile person she has shown me she is, I’ve told my family to not even ask how she is at handovers strictly child focused only and any info she needs will be in the communication book we are using - even using family to write in the book for me so it can’t be seen as me indirectly contacting her through the book.

Thankfully I have been speaking through the social worker for most of it as my ex seems to think she doesn’t have much power if it comes from the social worker for some reason although she does try and get the last little amendments in i.e., changing pickup from 17:30 to 17:00 lol.

I have paid 2 hours of time for my solicitor so will probably use them to write my position statement and review my CAO and keep my money for a barrister then, ex has applied for legal aid - will she also get a barrister or only a solicitor?
 
will she also get a barrister or only a solicitor?

No idea tbh. Probably given the disproportionate system we find ourselves in!
 
Oh yeah I will not be doing anything to even come close to breaching bail, no contact even 3rd party unless it is strictly about child arrangement. Very much treating her as the volatile person she has shown me she is, I’ve told my family to not even ask how she is at handovers strictly child focused only and any info she needs will be in the communication book we are using - even using family to write in the book for me so it can’t be seen as me indirectly contacting her through the book.

Thankfully I have been speaking through the social worker for most of it as my ex seems to think she doesn’t have much power if it comes from the social worker for some reason although she does try and get the last little amendments in i.e., changing pickup from 17:30 to 17:00 lol.

I have paid 2 hours of time for my solicitor so will probably use them to write my position statement and review my CAO and keep my money for a barrister then, ex has applied for legal aid - will she also get a barrister or only a solicitor?
If she gets legal aid for a solicitor, they will instruct a barrister to act in their behalf for the court hearings.
 
Bit of a long rant and update…

So the FHDRA hearing was this week however someone has dropped the ball and there was no safeguarding letter from CAFCASS so the judge had to adjourn, a painful waste of time but thankfully I was LIP so didn’t really waste any money at least.

I requested more contact with the children which would’ve also meant all handovers would be done through school come September however the judge was reluctant to change the current status quo due to no safe guarding letter, apparently could take 3 weeks.

My Ex was reluctant to give me Friday-Monday (Monday being the extra day) as this would confuse the children going with me to school and is not part of their routine.

News flash, seeing their father who was their primary caregiver for 2.5 days a week is also not part of their routine! As mentioned in my first post, her attempting to limit contact to a contact centre a few hours a week would also not have been routine! Funny how “the kids routine” somehow moulds its way into what she wants.

However she was happy to give me every weekend, the judge made note and said there’s not a lot of “fun time” for mum so she said “maybe 1 weekend every month I will have them” - crazy!

Doesn’t want to see her own children on the weekend because she has had the taste of parent free weekends with her affair partner now, that I also helped facilitate like a mug before I knew she was cheating. Surely this looks a bit mad to judges? Not wanting to see your children in your free time?

I would happily take every weekend to see my kids. I’d have them full time but her need for control wouldn’t allow that despite her not looking for a job now the kids will be in school full time, she can just live off benefits and spend her life at the gym and going out with her other unemployed single mam benefit claimant friends.

I am positive she is personality disordered and I have been trying to get her to get help for years. Does anyone have experience with mentioning this to CAFCASS or Social Workers? It controls everything she does and means she is putting her own issues, anxieties and fears above what’s best for the children and now I’m no longer there to shield them from it, it really causes me a lot of concern, especially with how convincingly she can mask to other people.
 
Good morning mate.

Sorry to hear of the lack of progress.

She's playing the system. There is almost no benefit in mentioning anything negative with CAFCASS in my opinion. Those people are so busy and overworked, they're desperate for any angle to play the parental conflict card and wash their hands of a case.

My experience is that the only people who have the best interests of the children at heart, on this site anyway, are dads and, hopefully, the courts. Anyone in between is to be treated with caution. We had to try and level the playing field ourselves.

I'd also firmly recommend being represented at your next hearings. Happy to be corrected but I have no knowledge of any of the dads in here regretting a barrister and plenty who wished they had.
 
Thanks NS.

I know of someone who works in social services so I’m going to ask them what the best way to approach my concerns are as if a Section 7 is requested I believe it will be the children’s social worker who will complete it rather than CAFCASS.

I would definitely feel more confident with representation at the next hearing especially with how controlling and assertive Ex is, especially if she doesn’t have representation.

My solicitor quoted £1100 to be represented by them at a hearing, she seems like she knows what she’s talking about, what would be the difference between them and a barrister be? Should I just get a barrister instead? The solicitor said I wouldn’t really need one if they were representing me.
 
A barrister is far more highly qualified than a solicitor. My barrister only specialised in family law, for a solicitor it may be only one of many things they deal with. Also a barrister can be far more forceful in the court room, many judges are or used to be barristers so there is a mutual respect, my barrister used to have a friendly chat with the judge before the hearings, to find out what they were like so he could target his position accordingly. Also a solicitor may be intimidated by a good barrister, again it's a respect thing.

I'm not saying there aren't good solicitor's out there but the vast majority of dad's on here regret not having a barrister and there is a good reason for that.
 
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