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I've had an FHDR recently for the custody of my daughter…

I've had an FHDR recently...
I've had an FHDR recently for the custody of my daughter with her father. The court has advised on the FHDR they cannot support my daughter with an overnight visit at this time until section 7 report has been completed by Cafcass. Can you please confirm on what it means by support as I would mutually like to agree for my daughter to stay with her father overnight for Christmas and birthday as it's a bit expensive for me to get back down to that area.What Cascaf are looking into is an isolated incident that happened two years ago but have labeled my daughter's father as unfit, as well as "Domestic abuse against a previous partner" and we and have come to the conclusion that it may be incorrect as the perpetrator was my mother and not my daughter's father.I am worried that because the court does not support this in this current document when it gets to the next court case in February 2018 that the court will penalise me for this.He has asked his solicitor and she has confirmed that the court would not be able to give any legal complications on this but I am terrified as at the moment they see him as the unfit parent despite I have damming allegations against me.
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Answered in 27 minutes by:
11/21/2017
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 35,276
Experience: 25 years experience of all aspects of family law
Verified

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

At court had you offered overnight contact?

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Customer reply replied 8 months ago
I had initially with his barrister providing that if the court agreed to it and I would be happy.However, the court shot down his barrister who kept asking for overnight contact and then in the said advised that he would not "support this" until the section 7 report is completed.After the barrister asked me again after court and I then declined but since then between me and my daughters father, we have tried to work together and I suggested that possibly if our daughter could stay on these two occasions it would be easier as I am in East London where as he is in West Berkshire.

Have Social Services raised any issues?

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Customer reply replied 8 months ago
When we split, I went straight to Mediation as I was told this would be the right way, but what he done he went straight to social services and NSPCC and put in false allegations against me and they have been dropped by Social services completely as he put in against me for domestic child abuse against me when it's all false. He then went to the court "hoping that" the court would listen despite the social dropped allergations and therefore the case has been closed off by social services. What he put in for Emergency Custody to remove her from my care, but has since now changed it with his solicitor to "Shared custody...". Would it help if I sent the paperwork over?

Do you honestly believe that she will be safe with her father?

Do you believe he will return her?

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Customer reply replied 8 months ago
I do believe that she will be safe as her father lives with her paternal grandparents and uncle. It would only be from 7 pm - 9 am overnight and I do believe that he would return her as he would be the only way for me and Lexi to get back up to London the very next day.Like I said to him, I never said that he was unfit to be a parent, that's the court doing, I had hygiene issues with him which was then reflecting on our daughter.

Then you can agree to this contact on the basis that you have thought through the potential risks and are certain that your child will be safe

I hope that this is of assistance - please ask if you need further details

Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 35,276
Experience: 25 years experience of all aspects of family law
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