My children - the hearing & 24 hours on

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I was represented in court by a barrister who I had last met in March 2010 when I achieved the improved contact rights.

The first thing that happened, as I went to discuss the case with my barrister was that the Social Worker was just leaving the room, not looking happy.

My barrister told me she had read the 'Riot Act' to the SW because she basically hadn't done her job. For example, that my children were not on the Child Protection Register, and should have been. The SW's report also did not make a positive recommendation about what should happen to my children, my barrister sent her to call her manager to agree a line to take.

The barrister's main focus was on how fast things had changed since March, when virtually all of the information being presented to the court was unknown. However, she did get an acknowledgment from the SW that some of the info was known, but hadn't been acted upon. Ho hum.

So, then we discussed the matters at hand. We decided that my son would remain, for now, with his Aunt near Liverpool. That was easy. Then we discussed my daughter, the evidence was substantial but the barrister wanted a few questions answered, particularly about the events a few days earlier when I'd attempted to collect my daughter,

So, we go into the court on time (never managed that before). It's a new judge, who although has read the papers, doesn't appear to understand the reason for the hearing.

We had a preliminary (Directions) hearing on 4 June so this was a full hearing. No, she said it was a Directions hearing and that she'd defer to a date in October. My barrister argued the point that this matter was serious enough to be decided today.

The ex was not represented and was sat by herself in the courtroom. When asked if she wanted to make any submissions, the lies and rants started. She tried to dredge up issues from 2 years ago (judge: "yes dear, but that's in the papers. Can you concentrate on today?")

We dealt with my son first. There were no arguments so that was sorted swiftly. My daughter was the sticking issue that the judge wasn't hasppy to deal with, and my ex wouldn't accept - regardless.

Myself and my barrister had agreed a game plan, in the event of things not going our way we would put the SW on the stand where she would give evidence under oath.

So the questions started with "is (the daughter) at risk if she remains with her mother?" "Yes, I believe so."

The SW told the court that only I was capable of keeping her safe.

The ex was given a chance to cross-examine and used the rant to insult the SW, complain about the report, tell lies about me; anything but level-headed argument.

So the judge summarised and came to the only conclusion that was open to her, she awarded me custody of my daughter. There were some conditions about access to her mother etc etc but nothing too bad.

The judge proposed a handover the following day. My barrister objected. The judge queried the time (4pm) suggesting the following day was better. I objected personally this time. We persuaded the SW to take the ex back to her house and wait for me and my driver, the SW wasn't happy as this meant overtime and a long report!

We arrived at the house 15 mins behind the SW and I waited a further 15 mins. Finally the ex, SW and my daughter appeared, There were some tears but my daughter walked willingly to the car with me. I was handed one carrier bag of clothes for her.

It was almost 8pm when we arrived at my home. The bag of clothes would have to go through the laundry before it was inspected, then dumped. It smelled.

My daughter had a couple of little cries when dinner was out of the way and elected to go to bed very quickly.

This morning she was bright & breezy, bouncing onto my bed for a hug and a kiss. The down point was when I insisted she rang her mother, she finished the call with tears in her eyes. I held her for a minute and told her I knew her mum was upset and that made her cry. She nodded. I sent her to get a tissue to wipe her eyes, she was fine after that.

We went clothes shopping and picked up some new bedding.

So far she'd used the guest room but now it's her room. I had bought a new bed a week earlier so built that during the afternoon. She's asleep in it now (went to bed at 8.30) with completely new bedding on a new bed. One happy girl.

Topsy

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Andrea Lena DiMaggio's picture

After all this time....

...I am so happy for you! It has been such an arduous year for you, and it is wonderful to see that your daughter is safe. I'll continue to pray for your son, of course. My best to you, dear friend!


Dio vi benedica tutti
Con grande amore e di affetto
Andrea Lena
Crying is all right in its own way while it lasts. But you have to stop sooner or later,
and then you still have to decide what to do. ― C.S. Lewis
Love, Andrea Lena

I couldn't be happier for you Topsy!

jlattimer@neo.rr.com It seems to be such a rarity when family courts actually get things right. I'm so thankful that I've never had to deal with such things. Though deep down, I still wish I had children of my own. You've been truly blessed. Cherish every moment of it.

Hugs,
Jonelle

At last !!!!

ALISON

Dearest Topsy,I can only begin to imagine the relief you must now feel,you have worked tirelessly
for this for so long and have been like the lioness protecting her cubs.Thank heavens you had a
Barrister who who came through with 'all guns blazing' and ripped into the SW, which was richly deserved.
I pray that life will now be kinder to you ,dear friend, and that you can now 'Mother' your daughter
as I know you will.May God bless and keep you and your children safe and happy. Hugs and best wishes,
ALISON.

ALISON

Wow!!!!!

Topsy,

I am so very happy you are able to provide such a better environment for you children.

I am joyful that the Judge did her job in spite of the social worker's lack of responsibility.

I am Grateful that God answers prayers.

My God bless you all,
Beth

I'm Glad

that not only was justice served but your little girl's finally safe. You're going to have a lot of work to do to get her passed some of what's happened but seeing how you've fought so hard already you've go strength in spades.

Bailey Summers

At last!

I'm sorry your ex got the short end of it, but it's been coming for some time and she could have corrected things so many times. Sounds like your barrister was on the ball. I'm pleased that some sort of resolution has been reached, saddened it wasn't by consensus, but such is life.

I wish you all happiness.

Angharad

Angharad

Fantastic!

I have followed your saga with hope and a great deal of angst on behalf of yourself and your children. It warms my heart to see things turn out at least halfway well for you.

Congratulations!

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Abby

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Shiraz's picture

Thanks all

I'm grateful for the support I've been given from everyone here, I've said in a few PM's that this a place where I have unburdened myself and I apologised for that, only to be told I didn't owe any apologies.

Anyway, my daughter is safe (and asleep) right now. The real hard work starts on Tuesday after the holiday weekend - new school, new doctor, social security. I'm told the school she'll attend is short of Parent Governors so I might have a close involvement with her school again (I was a Parent Governor of her last school before the divorce).

The court order itself is 'until further Order', so no time limit. So long as the review on Oct 15th doesn't change anything, I'll be a single parent for a long time yet.

 
Topsy
Mostly Harmless

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