Aussie22 Posted October 20, 2015 Share Posted October 20, 2015 Yes I have done it all I am from oz so have set up a job, school and house to go to I was told I need to sort out the children's matter before finance and divorce has been sorted he denied all the abuse and then made allegations I am the abuser so depressing Link to comment Share on other sites More sharing options...
Sammy1 Posted October 20, 2015 Share Posted October 20, 2015 Yes I have done it all I am from oz so have set up a job, school and house to go toI was told I need to sort out the children's matter before finance and divorce has been sorted he denied all the abuse and then made allegations I am the abuser so depressing I am very sorry, it is very understandable that you want to move back to Australia. It's hard when family are the other side of the world. Good luck and I hope you have good legal representation. Link to comment Share on other sites More sharing options...
Aussie22 Posted October 20, 2015 Share Posted October 20, 2015 Hi sammy thanks for your well wishes i just found out from my barrister him staying in the property does not put him at a better stand point but high lighting to the judge how unreasonable he is. Also the abuse toward me is document his is just hear say Bit of a relief phew Link to comment Share on other sites More sharing options...
Quinkla Posted October 20, 2015 Share Posted October 20, 2015 i just found out from my barrister him staying in the property does not put him at a better stand point but high lighting to the judge how unreasonable he is. Also the abuse toward me is document his is just hear say Bear in mind, of course, that your barrister will say things that are favourable to your side and your husband's barrister will be saying things that are positive to his side. If barristers were always right, nobody would ever lose a court case. Link to comment Share on other sites More sharing options...
JEM44 Posted October 21, 2015 Share Posted October 21, 2015 Just out of curiosity, and I understand all circumstances are different, but why are you still living together? If it is a joint house, why don't you and the children leave? Rent a house, stay with family and or friends? You need to demonstrate that you have acted in their best interests all the way along rather than what could (in his barristers eyes and that of Cafcass) be acting in your best interests in that you want to return to Australia. Relationship gone bad and she wants to go home! If it is your house then have him removed by the police. Although you can still do the same (above) if the issue of abuse is genuine and recorded with police etc, but again be careful in how you report things, you have to be genuine, continued reports of domestic abuse (from memory it was about twice) will lead to the children being reported as "in danger" to social services. but in this instance this would be in your favour. You do need to remember just because a father is abusive does not mean he should not see his kids. Having been to court many times and always self represented (husband had a solicitor and barrister) I couldn't afford it and so worked my way round the local solicitors with the free hours advice building my knowledge, his barrister obviously believed what he had been told and was extremely rude to me, until the truth came out, after that he was very helpful. If you self represent, the other solicitor / barrister has to make sure you understand and are not disadvantaged by your lack of representation. We are due to move in May next year and I am planning to go back to court in the new year to sort out child maintenance as the CSA etc don't cover the kids leaving the UK. Good luck Laura x Link to comment Share on other sites More sharing options...
Racmac Posted October 21, 2015 Share Posted October 21, 2015 Aussie i posted on your other thread, I would be really concerned it I was you, you have negative cafcass report and you are still living in same house as him despite the abuse. The barrister cannot be certain of anything and although the judge may say dad is showing his colours he may also say that actually he has a legal right to live there so it's a non-issue. Clearly the children are still spending time with him and to give you permission to go will completely destroy his relationship with them. have you prepared a statement for court detailing all of your arrangements and setting out how contact will take place if you were to move? Link to comment Share on other sites More sharing options...
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