Well, well, well,
Yesterday went really well.
My barrister wrote an amazing position statement for the judge to read prior to the hearing.
Just to give you a bit of UK family law background; There are generally three hearings. The first hearing I had in October and it set out the documents that were needed and the expert reports that had to be produced.
Yesterday was the second hearing where the documentation is discussed. This is where the judge starts giving some strongly worded guidance with the expectation that the parties can reach an agreement without having to go to a final hearing (also called the trial). In most cases the guidance the judge gives in the second hearing is an indication of the likely outcome of the trial. Trials are best avoided due to cost and they can also be very emotionally draining.
CSTBXWW entered with arrogance firmly of the belief that the judge will simply default to the recommendations of CAFCASS (child services)
30 mins prior to the hearing my barrister proposed a settlement whereby I relinquished shared residency in exchange for additional nights with the boys and agreement to be part of their after school clubs and swimming lessons.
CSTBXWW rejected it out of hand.
Shared v sole residency is not such a big issue from a legal standpoint although it does represent a feeling of power play. My barrister wanted to demonstrate that I was only interested in seeing the children and could not careless about titles.
When the judge heard about my rejected offer by the mother, she (the judge) began a very long monologue at the mother essentially berating her for being all the things we all know her to be. The judge then stated that she was going to have to legally recuse herself from any further hearings for what she was about to say (as it clearly showed that she had already made her mind up and would therefore not be able to preside for the trial); She made it quite clear that the mother has behaved in an appalling manner, her manipulation of the children was obvious and strongly suggested that she accept my offer otherwise, come final trial, she would likely have her days reduced further. She went on to say that if CSTBXWW didn't show reasonable behaviour regarding contact over the imminent school holiday and Easter, that this would also not portray her in a good light. The judge suggested that if it went to trial that her behaviour would likely result in shared residency.
A trial date was set by the judge for some time in May and seemed to deliberately set it only two weeks before CSTBXWW's due date.
When the hearing ended CSTBXWW left the room immediately and went to see Gru in their consulation room. She was majorly pissed.
I was dumbstruck. It didn't actually sink in until my barrister walked me through what had happened. CSTBXWW got a very severe dressing down and it was quite extreme, according to the barrister. When a judge recuses herself because she cannot help but express an opinion, you know what the final score will be.
I suggested that we used the rest of the day to hammer out an agreeable arrangement but apparently CSTBXWW was too distraught and left immediatetly. She was devastated.
My father and I collected my children from school and we had one of the nicest evenings so far.
I should now expect some kind of approach from her solicitor to sort out a plan in order to avoid a trial.
You can imagine how relieved I am. I feel vindicated, euphoric and like I'm floating. My mind is racing but I still feel sad, somehow. There are no victors in this war.
Thanks to all of your support. There IS light at the end of the very long, dark tunnel.
[This message edited by allatsea at 9:43 AM, February 13th (Thursday)]