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Jusleen, Solicitor
Category: UK Law
Satisfied Customers: 942
Experience:  LLB (Hons)
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I had a joint residency order issued by a judge last August

Customer Question

I had a joint residency order issued by a judge last August with a penal notice attached. It also contained a condition that I could take the matter back to court to the review the situation if issues occurred. My daughter has been subjected to parental alienation and in turn emotional abuse. As a result her mum has played games with my daughters emotional wellbeing resulting in my daughter self harming. My ex then made a new court application and blamed me for the emotional abuse lying in her court application and in turn her statement of truth. My ex has lied in court told a circuit judge to imprison her yet she seems to get her own way. My daughter has just turned 10 and ex is using the childs 'wishes and feelings' but my daughter wants to be with me when free to do so and it is clear she is still being brainwashed. I am desperate for some help and advice please. Thanks Darryn
Submitted: 1 year ago.
Category: UK Law
Expert:  Jusleen replied 1 year ago.
Hi welcome to Justanswer. Can you confirm whether at the final hearing in August or prior to that the court found the mother to be hostile? Has the CAFCASS officer involved in the proceedings raised any concerns about the mother influencing the child? What are the terms of the child arrangements order and how us the mother trying to breach the same?
Customer: replied 1 year ago.
Mum failed to attend two hearings including the one in August - yes she was very hostile including telling one judge to imprison her and when CAFCASS made a recommendation to issue temporary custody to me my ex took my daughter to hospital with alleged self harm issues after 'discussing' this report in front of my daughter. She then lied to the judge at the next hearing that this took place. CAFCASS raised concerns of parental alienation in their first report and the effects this will have. It took 4 months from this report before I first got to see my daughter at a contact centre due to games
Her mum has breached orders throughout. Due to self harm in February her mum made an application but only in March and to stop Easter contact. She lied in the application and her statement and I can prove both.
It is clear my daughter has no voice and CAFCASS raised this concern in their first report.
The original final arrangements order was for joint custody but my daughter refused to talk to me for almost 7 months. My ex used this and applied to vary the order. So now I only see my daughter for overnight contact once a fortnight. This is a living hell as no one is listening to me about the emotional abuse and I have witnessed new partner with his hands on my daughters bum and an inappropriate text message to her about her bum
Expert:  Jusleen replied 1 year ago.
So the final order in relation to your daughter following her mother's application was in or just after March? Did CAFCASS prepare a report for that application?
When did this inappropriate text message surface? What does the message say? Was it brought to the attention of the court in the last set of proceedings? What does your daughter say now. Is she wanting to see you more than alternate weekends?
Customer: replied 1 year ago.
the initial court order was issued in August 2014. I had regular contact from then until March 2015 which included 5 nights solid with no problems. But the my daughter started her behaviour issues with 2 attempts to run away from me and 1 of her pulling her hair - each time after her mum dropped her off at school. So my ex made an application to vary the order on the basis of emotional abuse on my part. The CAFCASS officer did a verbal recommendation not a report....
in Feb 2014 CAFCASS said my daughter was at risk of emotional harm if she didnt see her dad
In June 2014 CAFCASS said my daughter was being emotionally harmed
In July 2014 a CAHMS nurse stated that someone was emotionally abusing my daughter
Yet I didnt see my daughter from Dec 2013 until June 2014 and only with supervision. This is clear parental alienation by her mother.
My daughter states she doesnt want to spend overnight contact with me yet she does once a fortnight with no problems and she has lied to Social Services
The text message was never brought before the court. I raised it with the new CAFCASS worker who choose to ignore my numerous communications about my concerns
The main message was ohh ohh ahh ahh you have a bum like an oranutang - I have since seen him with both hands on her bum when he picked her up
I have raised it in my recent statement of truth
Expert:  Jusleen replied 1 year ago.
When is the next hearing. Is your daughter still receiving counseling via CAMHS. Have social services been informed about the text message by the mothers partner
Customer: replied 1 year ago.
The next hearing is 19th August
My daughter has counselling in Jan and Feb but not through CAHMS
Social Services are now involved and have been since March after my daughter started to self harm by pulling out her hair
They have ignored the text message from mothers partner and various other information in their s37 report to court including the opinion of the CAFCASS officer who stated my daughter was being emotionally abused
what can I do ??
I have completed a position statement and I have requested a final hearing
Contact failed last week so ex is in breach of the court order and I was verbally abused by step daughter when I tried to collect my daughter - I have reported this to the police
I would like some firm advice please