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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34123
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I was granted an injunction against my ex last week, at the

Customer Question

I was granted an injunction against my ex last week, at the same time the judge took away his parental rights and made a date for us to both attend court next month! I stop contact between my ex and my children due to his controlling and unreasonable behaviour! My house was broken into and the only thing taken was my boys birth certificates and passports! He was arrested .on is now on bail due to one of the birth certificates found at his property! I have now moved back to my parents due to myself and children feeling unsafe! I have been told by a friend that my ex has stated his solicitor has sent me a letter to my old address to appear in court next month as he disputes allegations, what happens if I am due to appear at court but are unaware of this! Will the judge grant him custody/access on the grounds that I haven't attended court! And how can I be asked to attended court with him there if I have an injunction against him?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first
What was the wording used with regard to removing Parental Rights?
Do you have a solicitor and has the court got details of your new address?
How old are the children?
Claire
Customer: replied 3 years ago.
Prohibited steps order section 8 children's act
Pursuant to section 10 the named father shall take no steps other than by issuing court proceedings to remove the children from the care and control of me or such other person the whom the mother entrusts their care and control such as school from time to time
The order will remain in force until further order and will have further consideration by a judge on the FLA application hearing.....

The children are 3 and nearly 5! I have a solicitor but unfortunately he has been away!! On the injunction paper that was issued to my ex my new address is on there
Expert:  Clare replied 3 years ago.
Hi Rebecca
Just so you know that has not effected his Parental Rights at all - just means that he cannot remove the children from your care or the care of anyone you have left them with.
Provided the Courts have your correct address any paperwork will be sent to you there - but I assume that you have also made arrangements for any mail to be re-directed from your old home
However if he has tried to issue separate proceedings using the old address they will be set aside once the court realises what he has done
You can still attend court together despite the Injunction - and indeed you will have to in order to resolve the issues of contact - but you can ask for a separate waiting room
I hope that this is of assistance - please ask if you need further details
Claire