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Family court

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majestictopaz15

Member since
December 2019

371 posts

Posted Fri December 18, 2020 12:43pmReport post

I have lost the thread about the process my partner is going through so have made a new one.

Long story short for those who are not aware;

Partner had the knock in 2017 and hasn't seen his kids since because his ex wife doesn't want him to have a relationship with his young kids.(tho happy to take his money each month- I know this doesn't give him the right to see them but still a kick in the teeth)

During the investigation the best he could do was get a court order that this ex wife monthly gives him updates on his kids.

He was sentenced in aug 2019. He applied to the courts for supervised visitation rights in early march....then covid hit.

He has had at least one court hearing since which ended with a request a risk assessment be reviewed.

Got a letter today to say the next hearing is....21st July 2021! What an absolute disgrace! I am fuming and in tears! By then it would have been over four years since he seen them.

The only way I can think that this can be resolved before then is if we can convince his ex wife to agree to visitation without the use of the courts. Any advice on how to go about this would be appreciated.

majestictopaz15

Member since
December 2019

371 posts

Posted Fri December 18, 2020 6:34pmReport post

Further to add I do not see why the court are wasting all our time. What is the point in supervised visitation centres if they need a bloody risk assessment of my partner using them!

The court has asked CAFCASS provide a report mid Feb known as a section 7 under the children act.' A Section 7 report is ordered by the Court when they want information about a child's welfare, what is best for the child and sometimes where there are certain risk factors or concerns raised in relation to a child, parent or other relative'.

But why is the court hearing then in July! Does it really take 5 months to read a report! What bloody harm can he do at a visitation centre!

Blackhound

Member since
October 2020

479 posts

Posted Sat December 19, 2020 3:45pmReport post

Heya Majestic,

Sorry to hear the courts are dragging their heals on this. It seems everything about this, whether it's the investigation or seeing the kids, it takes a very long time!

Hopefully that time will fly by, keep strong the bit of you in the mean time x

Edited Sat December 19, 2020 3:45pm

majestictopaz15

Member since
December 2019

371 posts

Posted Sat December 19, 2020 4:02pmReport post

Thank you blackhound. I really wish my partner applied as soo. As he was sentenced but he didn't admit he was having doubts about going ahead because he thought they would be better off without him. But I told him if he didn't try he will forever regret it and I'm sure the kids would love to know their dad still cares for them.

He has taken the by 2021 quite well. I think he was worried they made a decision and blocked him from his request already. So there is still hope he will see his kids one day. So he is seeing the positive that the last step really is for CAFCASS to confirm if visitation is suitable for the kids well being (they have already stated they believe it would benefit the kids for their own self identity to have some sort of relationship). CAFCASS will also state how often and for how long he can see them. They are still young so I assume they have an understanding of what is best to not overwhelm them.

Blackhound

Member since
October 2020

479 posts

Posted Sun December 20, 2020 10:23amReport post

I think the while better off without them thing comes with this kind of territory to be honest.. It can either get worse as time goes by or get better for both the partner and the perp... I'm glad your partner has finally applied himself though and wants to see his kids :)

D3400

Member since
July 2020

9 posts

Posted Mon December 21, 2020 10:18amReport post

Majestic

We are in the exact same boat. The kids were picked up by their mother when the police were here, and we have only seen them 4 times since May, for about an hour each time after having 50/50 custody. The mother has now applied to the court to move 2 hours away (we currently live 3 minutes). We are still awaiting any charges on a a SINLGE IIOC that was sent to my husband unwarranted, that he has not even seen.

I miss the children tremendously, and so does my husband, but the court process is dragging and we may lose the kids permanently if the family court goes before the criminal charges!

majestictopaz15

Member since
December 2019

371 posts

Posted Mon December 21, 2020 1:09pmReport post

D3400 that is horrible. My partner's case is a bit different since he was a relatively prolific offender (online only but spanned ten years). It may not be the same for your case but my partner struggled to get visitation rights before sentencing through the courts. But hopefully in your case there will be some resolution that isn't that extreme.

Is the mother refusing any visitation or just to move away? My partner's kids are two hours away but the mother has from the start never let them meet.

Wishing you luck!

D3400

Member since
July 2020

9 posts

Posted Tue December 22, 2020 10:31amReport post

Majestic,

Thanks for the reply. Yesterday we found out that there will be no further action from the police and they are closing the case! My husband informed the mother of this, but she is still refusing access to the children!

She's refusing access and to move away. I am hoping now that the police have closed the case, the family court will stop her from moving away and to re-establisha access.

Fingers crossed.

majestictopaz15

Member since
December 2019

371 posts

Posted Tue December 22, 2020 11:34amReport post

That is great news it has been dropped but also a shame the mother is still going ahead with the move. Maybe she needs some time to re think. I guess not everyone is aware or has faith in how much work police go into to investigate further and maybe she suspects your partner got away with something much worse?

Crossing fingers for you.