Court case for residency/contact

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Zzzzzzz | 11:53 Wed 22nd Aug 2007 | Civil
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My partner has had residency of our children for the last 8 years and I have a contact order to see my children. However, for the last 8 years although I have had regular contact with my children, if I upset my ex partner for any reason then contact has been denied.

My oldest son who is now 17 decided 6 months ago that he wanted to live with me. He has now settled in and is working and doing really well. However, my ex doesn't like this and has refused any contact with my younger children since my son moved out.

I have entered a C1 application form with the court (for residency/contact) and the court date is next week. On several occasions my younger children, age 10, 12 and 14, have expressed a wish to live with me. On my C1 application I have asked that their wishes are taken into account. I would love them to live with me although my main concern is to reinstate contact. I thought that this would be the ideal opportunity for the children to express their wishes.

However, I have now been informed by a friend that my ex intends turning up at court next week with the children. I know they will have been brainwashed against me and they are expected to say that they don't wish to live with me.

Am I wrong in thinking they shouldn't be there and that CAFCASS should be the ones investigating the childrens circumstances and wishes? I would hate to put my children in this situation!

Can anyone give me any idea of what to expect at court?


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courts will often favour with you. obviously, children of a young age do not know what is best for them. courts know that it is to be in regular contact with BOTH parents. if you are happy to let this happen, and she is not, then obviously the children would benefit from living with you.

Believe me, in court this happens a lot, so if the children do say anything, it wont influence the judges decision much. Children are often brainwashed by bitter parents. What you should do, however, is document all conversations you have had with your ex and all the times she has denied you contact with your children. If you produce a document which shows eg:
12.1.07 - supposed to see children, ex denied contact
15.1.07 - supposed to see children, ex again denied contact

it would be even better if you put the petty reasons why, for example:

my ex was upset thant my son, 17, has chosen to live with me. as a result of this, she has denied me acces to my other children (plus their ages) on the following occasions:

list all dates.

this should greatly help your case, and if she has brainwashed the children, please do not worry - courts see this all the time. the main thing is to re-establish contact.

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Court case for residency/contact

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