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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
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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my self and my husband are getting a divorce he has pr for

Customer Question

my self and my husband are getting a divorce he has pr for my son but not my daughter as its not his child , his 2 brothers are acused pedophile can i get supervised contact and no phone contact as one of the brothers hurt my daughter he still has contact with both
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
How old are the children and why do you think that your ex would not protect your children
Clare
Customer: replied 3 years ago.

they are 11 and 17 they both have special needs the police and social services have good reason to believe at least one of the children been threatend to keep quite about what was happening and they believes hes trying to get imformation of both children about potential court case and giving it to his brother i also left him coz he was mentally and emotionally abusing me and he punched a wall in front of me and children and broke his hand an knuckle


 


 

Expert:  Clare replied 3 years ago.
Hi
Just to check - the 17 year old is not his child?
Clare
Customer: replied 3 years ago.

yes thats right since his brother acused he totally changed hence im hoping to get divorce hes always been very controlling my only concern is keeping them safe they are my whole world

Expert:  Clare replied 3 years ago.
Hi
Does your daughter actually want contact with him?
Clare
Customer: replied 3 years ago.

yes at monent shes not the worry ss have given her 1 hr a week but they supervise it, as i only have pr but its my son that worrys me coz hes got pr for him


 

Expert:  Clare replied 3 years ago.
Hi
What have Social Services said about his Contact?
Clare
Customer: replied 3 years ago.

that because hes pr at moment they wont get involved yet in next breath i told them he has said some concerning things so i put supervised contact in place they said i had done the right thing and was he constantley supervised by my friends i said yes they said good it needs to be , they also agreed no phone contact because one a main witness and my sons waiting to do an interview and possibld dvd sohe cud try get imformaton out of him .they are doing me asupporting letter for divorce because they told me was domestic abuse ,they also refering me to 2 agencies that help women and children . so makes no sense


 

Expert:  Clare replied 3 years ago.
Hi
What contact has the father asked for?
Clare
Customer: replied 3 years ago.

at moment he sees him all day sat and sunday when at school he has more in holidays , hes back at solicitors he wants phone contact and i think hes gonna try get full custody we have no contact its done through my friend theres a harrassment warring in place for me i thought it was me and children but its unclear if it is

Expert:  Clare replied 3 years ago.
Hi
Sorry - are you saying that at the moment he has unsupervised contact - have there been any problems with this?
When did he last see him - and what has happened SINCE THEN to make you want to change the arrangements?
Clare
Customer: replied 3 years ago.

no he has supervised at my friends house only i do not feel he can have anything else because of things my son has said and the fact he wanted to take my son to his dads funeral where his 2 brothers wud be and they both acussed pedophiles so he wud not be safe , his family comes before his son

Expert:  Clare replied 3 years ago.
Hi
Is your friend happy to continue supervising in this way?
Clare
Customer: replied 3 years ago.

yes she is but he wants him on his own thats my arguement and if he does take me to court what are my chances of preventing overnight stays and contact on his own , my concern is he will allow him contact with both is brothers and one has already seriously hurt his sister and i dont want him to be next

Expert:  Clare replied 3 years ago.
Hi
Given the history it is unlikely that any application to the court would be successful since he is clearly a potential risk - at least his brothers are and on that basis the court will agree with you about the need to keep your son safe
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

hi how do i gain more rights over my son concering all the concerns or remove pr from his dad

Customer: replied 2 years ago.

i knows extream but hes trying to take over he wants to take my son off me hes 11 so they will ask him i dont want to stop him seeing him or anything just have us both and that hes safe


 

Expert:  Clare replied 2 years ago.
Hi
Has there been any dispute about the child living with you?
Clare
Customer: replied 2 years ago.

yes hes wanting to see him on his own but becauses hes got contact with both brothers my friend does supervised , my son loves his dad and said if he had a choice he wud like to live with his dad hes 11 so understanably im terrified of losing him ,his said said to my friend he will forgive me if i take him back but i wont and all ive done is keep them safe

Customer: replied 2 years ago.

SO IS IT LIKELY He will get full custody or shared care i wud prefare suppervised only its only way to keep him safe but at present time ss wont get involved coz he has pr but wheres my rights to keep my son safe

Expert:  Clare replied 2 years ago.
Hi
Given that he will not protect the child from his brothers the chances of him getting residence are small
If he does apply for Unsupervised Contact then this will be an important part of the assessment and the fact that social services have such concerns is likely to ensure that your child remains with you
Clare

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