urgent court advice, custody access and cafcass

[shepherdess]

Written on behalf of my partner.

Long story, cut very short, many concerns over my child and access denied by ex for 5th time despite having him 4+ days a week. First time I went to court and kept all rights and a contact order was made in my favour. By the next court hearing, she had already broken the order 4 times.

The judge did not get involved. Cafcass said contact should be reduced to 1 day no stop overs despite never speaking to me (she gave them false contact details) and despite not discovering he had already been involved in social services. I did not accept that. I was twice taken to a room on the side by her solicitor, once where I was asked to accept a residence order and once ask to accept that reducing contact is in the best interest of my child and would I accept. I did not and so was told by my ex's solicitor that I would not be seeing him until after the court case.
At the next court hearing, my child will be appointed a cafcass guardian et litem and his own solicitor.
I seriously need some assistance as we have also discovered that the CEO of cafcass is also the chair for the BAAF (british association for adoption and fostering) and that CAFCASS is almagamated with coram, another adoption agency.

The judge said during the pre-hearing that I went to that "on the pretense that *name* was to appear in person" and also asked to confirm that I had said " When they check the social services record they will find my ex partners allegations untrue" so that he could get it word for word.
I need to know how to neutralise any appointed guardian and how to gain access to the child! And any other help anyone can give as none of us are thinking straight.
kind regards
-x-

[Ian2day]

It all comes down to definitions I suppose. What constitutes a child and person. However if they dont want to play ball they wont play ball with you. Your best idea is to seek professional advise. As well, contact families need fathers. Contury to popular belief, they assist both men and women in childcare disputes. They can provide a McKenzie friend who is experienced in family court hearings. Find some earlier case law which supports you and has not been overruled. Use this in any hearing. Obtain some character testimonials from some people who are recognised in high regard by the system. Or change religion and state that you want sharia law to be used. Most children are awarded to the father and family I believe. Converting to Islam is I believe just a case of saying a simple phrase three times in succesion. Perhaps Talmadic/Jewish law is similer. None of this should be construed in any way as professional advise it is all my layman opinion and nothing more than that.

[yozhik]

Right ... honesty time.

The Freeman ideology is one we are all pretty much exploring and each of us is at varying points down the road.
Some don't mind experimenting on FPN's, TV Licences, etc ... personal choices.

Until I am 100% confident of MY abilities - if it EVER came to an issue regarding my daughter - I'd be dropping the Freeman concepts like a stone and getting the best damn lawyer money could buy.

I don't care if that makes me a hypocrite, a "sham", a sellout or a turncoat ... they're just labels. My daughter is my daughter.

There is nothing on this planet that would make me risk losing her; certainly not my ego nor my arrogance.

[wasp]

Right ... honesty time.

The Freeman ideology is one we are all pretty much exploring and each of us is at varying points down the road.
Some don't mind experimenting on FPN's, TV Licences, etc ... personal choices.

Until I am 100% confident of MY abilities - if it EVER came to an issue regarding my daughter - I'd be dropping the Freeman concepts like a stone and getting the best damn lawyer money could buy.

I don't care if that makes me a hypocrite, a "sham", a sellout or a turncoat ... they're just labels. My daughter is my daughter.

There is nothing on this planet that would make me risk losing her; certainly not my ego nor my arrogance.


and you just gave the PTB the chinck in your armour ...
i won't call you any names i have kids aswell
i would probably do the same
great now the PTB no my weekness doh(as homer simpson would say)

[yozhik]

and you just gave the PTB the chinck in your armour ...
i won't call you any names i have kids aswell
i would probably do the same
great now the PTB no my weekness doh(as homer simpson would say)

Isn't it every parents Achilles heel?

[bsmurph83]

Isn't it every parents Achilles heel?

if i had kids myself, yozhik, i would probably do something similar.

i'd just ask myself what the tactic is that will most likely work. when it comes to family, who gives a shit about whether you keep it together with freeman concepts or a good lawyer. whatever works. it's not immoral to use the legal system or a lawyer to achieve justice.

[dolores1]

I have children and 2 baby grandchildren, thats why I claimed my FOTL and had it notarised.

There is strength in numbers, but no honour in keeping your head below the parapet.

[entheogen]

Thanks for all the advice so far

This is the situation

My son is almost 4 and is the light of my life.

I have had regular access with my son and up until recently have cared for him on average 3-4 days a week, sometimes more.

My ex used to have him in nursery full time 5 days a week which he was not coping well with - so I quit my full time job so I could have him during the week (at her request) and became self employed part time

He has a very close and loving bond with my family and his confidence and development have come on leaps and bounds since he has been spending more time with us.

In the past my ex has stopped my access to him on 4 occasions and recently threatened access again when I explained that I could not afford to pay her maintenance anymore.

Self employment brings in a very low wage at the moment and I also have 2 dependent stepchildren who are not being supported by their natural father thanks to the CSA

I also explained that I have my son at least half of the week and this was classed as shared care.

She wasnt happy with this and made her feeling clear

The following week as I was driving over to collect my son I receive a text saying 'he does not want to come to your house'

This was the first time in almost 4 years I had ever had this

In fact had been through almost 4 years of the exact opposite where he did not want to go home to his mum and I would have to reassure him that I would come over to collect him again within a day or 2 at the most.

This happened on and off for a couple of weeks and then I get an ultimatum to start paying maintenance by the end of the week or else she would take me to court.

When I ask if this threat of court was concerning my access she refuses to confirm or deny that is the case.

She also then sends me a text message saying 'the less you see him - the more you will have to pay'.

I decided rather than risk not seeing my son for months on end that I would keep hold of him until the court case and informed her of my right to do this (I am on the birth cert)

I did not stop her seeing him and encouraged that she came to our house to see him - she refused.

I had him for a week and then I get a hand delivered emergency court hearing for the following day

I attend and explain to the judge the reasons I held onto him and the constant threats regarding access that were hanging over me and my son.

It is decided between all parties that contact should resume as normal and the matter is adjurned for a further hearing.

I drop my happy carefree son off with his mum and he spends a week with her.

I don't know what happened within that week but when I next collect him he is a complete nervous wreck who is terrified of me and will not even look me in the eye. He is refusing to come with me and it takes almost half an hour to get him into the car.

He settles within around 10 minutes - this has been a regular pattern for about 3 weeks

I drop him off at nursery hes fine - I pick him up from his mums hes a wreck ???

I now know the name for this Parental Alienation Syndrome

Now my ex has made alleged to the court that my son does not want to come to my house any more and that he is frightened and nervous which in turn is making him ill and unsettled.

It is not the first time she has said this - prior to this she has got social services involved with the exact same story which was investigated and dropped when she failed to attend 'family mediation meetings'.

During the social services investigation she changed her story on many occasions ?

At the second court hearing we are joined by CAFCASS

I have no legal representation as I cant obtain legal funding due to my self employed status - my ex has funding and a solicitor

CAFCASS state that my son is not known to social services - to which I inform them he is and hand them the child protection meeting notes ???

The judge says he wont make an order during this hearing and it was down to all parties to reach a decision - based on the recommendations of CAFCASS (who have obviously done their homework) :rolleyes:

CAFCASS recommend that in order to cut down the childs distress that my contact be reduced to 1 day a week - I stated that was not in my son's best interests and did not agree stating I wished for contact to continue as normal.

The end result is a further hearing is arranged and then the case is 'stood down'

Her solicitor in a side room then makes me an offer of 1 day a week with no overnight stays

I am to agree this being in my sons best interests - I again refuse.

I will now not see him until the next hearing !!!

More concerning is the fact that the court will now allow CAFCASS to appoint at the next hearing :

A legal representative to cat on behalf of my son ?

and

A legal guardian to act on behalf of my son's best wishes !!!


The alarm bells are ringing my friends as I have since discovered :


CAFCASS can and will take children into 'temporary care' if parents cannot agree on residence or contact

CAFCASS are tied into at least 2 adoption agencies - 1 being CORAM (the 3rd largest adoption agency in the UK)

The CEO of CAFCASS is also the Chairman for BAAF (British Adoption and Fostering)

I think I have 2 choices :

1. Sell what I can and try and scrape together enough money for a solicitor - play along with them and hope for the best (which to my mind has got my son into this situation in the first place)

2. Get this next court hearing into common law and attempt to remove this legal guardian by refusing to consent or contract with the court and maintaining all of my natural rights as the father etc

I only wish this was a parking ticket or speeding fine

I realise that going down the common law route will not make me any friends in that court room and I may end up in a bad situation

But my sons future is at stake and I can not allow him to be in a position where he could be taken into care and I may never see him again

I know of no-one who has been down the common law route in these circumstances so I need your help to stop this situation getting out of control

Thanks for listening

[bsmurph83]

jesus. stuff like this makes me sick... when it comes to family there is nothing quite so dangerous or disturbing as a manipulative woman. nothing compares.

sorry about your situation, entheogen. and sorry i can be of no use to you. the only thing that stands out to me is i think you said if you and your partner can't agree on terms of custody/visitation (whatever proper terminology here is) that your son could end up adopted. maybe this is an angle you can use to get your ex to start being a little more reasonable as i doubt she would want him adopted either.

i really hope someone can come up with something more for you though. :(

[Ian2day]

http://www.fnf.org.uk/

They have a helpline between 6pm and 10pm monday to friday.

0300 0300 363

[yozhik]

Your ex is playing hardball over money.
That's the bottom line.

You had shared custody, which means no maintenance.
You were even told; "the less you see him, the more you pay".

That's the crux of this in a nutshell.

Your son (and you) are being "played" for money.
Unfortunately, your ex doesn't comprehend that through greed for money, your son's emotional stability is being seriously threatened, as his the risk of adoption being heightened.

Time for second guessing is over; get a pitbull lawyer to maximise your son's rights and yours.
Pitbull = FEMALE.

Sorry ... as sexist as it may sound, a female pitbull lawyer will always fight harder for you and the child in a custody war.

[mynameis]

Is the issue started from divorce or parental rights?

Firstly, never handle business outside of the court system. This does not account for administrative law by the social services of the child departments and liaisons.

Secondly, retain good counsel if you can afford to.

Thirdly, make sure that the court understands that per the court's previous judgment, which you have been denied access on documented occasions in the near future by calling in the behavior of truancy, and contempt of the judge's orders to the police with paper in hand. If there has been wanton disregard for following the judge's order pertaining to custody and established rules. If at all possible re-establish rules where needed.

Fourth, if this person has friends in the departments of children's services (judge or investigator liaison), and the police, then I'd expect that there will be ongoing harassment towards you as a father, be prepared to counteract any unwillingness and cooperation by State authorities. Seek out other people who are experiencing similar problems, in the event of corruption or ethical concerns.

Fifth, if all else fails, contact a major representative of your local government and all set forth a meeting with others similar people to discuss the problems with those whose interests are not your own or your child's.

[entheogen]

More strange developments....

At the last court hearing the judge stated he had not issued a contact order at the previous hearing, and in fact it had just been an agreement between parties to resume contact as normal.

As my ex had given incorrect details regarding my address I had never received any correspondence from the court.

As mentioned in my previous post - I declined the 'offer' made by ex partners solicitor to reduce my contact from 4 days a week to 1

Then the following day I receive through the post this :

http://i29.tinypic.com/9zlquo.jpg

???

The court order from the first hearing - which the judge said he hadn't made !

I call the court - who inform me that to their knowledge the order still stands

So I attempt to arrange contact through my ex as normal, as stated in the order.

She refers me to her solicitor via text - no surprise there :rolleyes:

I email her solicitor - enclosing the contact order and informing them that their client is in breach and I will be attempting to arrange contact as normal

To which I get the following response :

"You appear to be under a misapprehension, there is no court order, simply a recording of the agreement at that time, there is no longer an agreement, as I indicated to you in our discussion at court. Until the matter is adjudicated upon by the court on 24th September there is no agreement, unless you can accept the interim proposals I outlined to you last week at court"

Now correct me if I'm wrong but the legal world resolves around pieces of paper - and I've always been taught that the last piece of paper stands
as there has been no agreement in the meantime to supersede that order.

The more this goes on - the more I am feeling that all these organisations are conspiring against me.

[banjoreality]

My advice to you comes from personal experience and if followed, should be followed at ones own risk.
It is not a conspiracy, it is a full blown war on fatherhood and family.
I am a father and have been down the common law road... I'm still on it, once the judicial system sides with your ex IMHO there is no other alternative, any solicitor, and I mean all of them, including yours (no matter how "good") have sworn an oath to the law society they serve and will nevr explain the following: any contract you might of signed, since adressed to a "Sir" (with your name entirely written in capital letters) is FRAUDULANT (I know you probably already know this but have you applied it in court?), the court has to recognize your physical person, even if it doesn't want to, I personnaly armed myself with a forensic psychological report stating that I am sane, it didn't cost that much (500€) and came in handy, when they tried to strike me off as mad.

I know it's scary, but what choice do we have? To live in fear and eternaly handing over the management of our common rights to an all knowing solicitor......
Good luck. You have all my compassion.
Banjo.

[mynameis]

Warning Section 2 gives the legal authority, but I'm not certain. Ask counsel what they think section 2 means. I think it means that under condition, the parent with resident custody can remove the child for a month under that scrap of paper. If her counsel knows this, he is trying to pull a fast one to get you to agree to a single day for custody and not the 5 days arranged in this scrap previously. I don't see any dates or signatures. It looks like a prearranged letter before any hearings have taken place though. I would also consider drafting your usual weekly schedule out for when you will have time available for you and your son without distractions. Then you can gage how to arrange the court order with your daily schedule in advance.

[entheogen]

Today I'm off to see a solicitor for a 'free' hour

I wont beat about the bush - I will tell em straight about CAFCASS and their incompetence and corruption and inform them that I will not allow them to appoint a legal guardian for my son

Only a fool would allow a complete stranger to act on behalf of their child and be in a position to over ride the parents wishes and child's wishes

If they advise me against this and to keep my mouth shut - then I'm outta there

My next step is then a visit to deadbeatdad and I will be going down the Common Law road all the way

Right now I have nothing to lose - my heart is breaking and it is almost 2 weeks since I saw my angel

I know his mother does not put him first but if its a choice between his mum and the care system than better the devil you know than the devil you don't

ONE THING I CAN TELL YOU ALL NOW IS THAT I AM ON THE EDGE !

IF I LOSE MY SON THROUGH THIS THEN THE COURTS , CAFCASS , SOCIAL SERVICES , AND EVERY OTHER GOVERNMENT DEPARTMENT WILL WISH THEY HAD NEVER SET EYES ON ME !

I WILL NEVER GO AWAY - I WILL BE ON THEIR DOORSTEPS EVERY DAY AND WILL MAKE SURE THEY DO NOT SLEEP AT NIGHT

I WILL NOT STOP UNTIL THE DAY I DIE

...AND THEN SOME !