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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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Good afternoon could I trouble you to help me with a couple

Customer Question

Good afternoon could I trouble you to help me with a couple more questions please. What sort of criteria would the court consider before making decisions about the children - as allegations of dm has been made against the man.
What is parental responsbility and the whether the court would grant PR (if he has been violent. Many thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.
Hello Nicola I am happy to wait couple of days thank you.
Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
Just to check - is this a homework question again?
What research have you done so far?
Clare
Customer: replied 2 years ago.


This is not a homework question this time - it is my neighbour. What i can gather nothing.


Many thanks

Expert:  Clare replied 2 years ago.
Hi
How old is the child and is the father named on the Birth Certificate?
When did he last see the child?
Clare
Customer: replied 2 years ago.

The child is 7 and yes he is on the birth certificate. He only saw them 1 week ago


 

Expert:  Clare replied 2 years ago.
Hi
Then he already has Parental responsibility - so what is he actually wanting?
Clare
Customer: replied 2 years ago.
She does not want him seeing children cus of the dm
Expert:  Clare replied 2 years ago.
Hi
How long have they been separated?
Clare
Customer: replied 2 years ago.
This has only just happened not even a week yet.
Expert:  Clare replied 2 years ago.
Hi
What has actually happened?
Clare
Customer: replied 2 years ago.
He has been violent hitting her through being drunk in front ok children. She is now moved out and doesn't want him seeing children
Expert:  Clare replied 2 years ago.
Hi
Has there been police involvement?
Clare
Customer: replied 2 years ago.


no she wants to stop him seeing children cus of the dm. no police involvement yet - altho i have said he will have pr

Expert:  Clare replied 2 years ago.
Hi
If the Police were not called is there any other independent evidence of DV?
Clare
Customer: replied 2 years ago.
Relist: I prefer a second opinion.
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.

The scenario as I understand is that your neighbour has a 7 year old child and she has just separated from the father of the child. There is an allegation of violence by her against the father, but no independent evidence of that, and no report by the police, so no investigation by the police.Your neighbour wants to stop any further contact between the father and the child, and you ask what criteria will the court take into account. He already has parental reposnsibility as he is named on the birth certificate.

If your neighbour wants to get a formal court order for "no contact" she will have to apply to the family court. If the father wants to see the child but the mother is stopping him, he will have to apply to court for a a defined contact contact.

It makes no difference which of them applies to court first -the court will consider carefully both their positions.

However, the court starts from the position that it is government policy that children should have contact with the parent that they do not live with - unless there are VERY good reasons why not. So your client will be on the back foot from the start - because she will have to justfiy why she wants to stop contact. Within the court papers, she can of course repeat her allegations that her ex has been violent to her - but the court will be suspicious of the fact that she has not reported this violence to the police.

It is highly unlikely that the court will order an immediate stop to all contact between the child and their father - especially as it sounds as if the child has a good relationship with the father who ended his relationship with the mother only a week or so ago. At most, while the court investigates exactly what happened, the court may order that the contact between the child and father should be supervised only eg at a local contact centre.

The criteria that the court will take into account is whether the child is safe, happy and properly looked after when in the father's care. See the welfare checklist in section 1 of the Children Act 1989 for more details.

Once Cafcass has prepared a detailed report on the welfare issues, the court will consider its recommendations, about how often, where, whether supervision is necessary, arrangements for handover etc. The fact that he has parental responsibilty does not affect the decison of the court in relation to contact.

Women's aid can give your neighbour valuable moral support with a 24 hour helpline if she wants to talk through what has happened, and they will go with her to the police station and/or to court. Their telehone number is 0808 2000 247, and their website is http://www.womensaid.org.uk/.

Unfortunately, she will not qualify for legal aid unless she can provide the very specific evidence of domestic violence that the Legal Aid Agency now requires eg overnight is a women's refuge within the last 2 years, a non-molestation order within the last 2 years, a police caution or conviction within the last 2 years, and I believe also a current and ongong police investigation. For more details see:-

http://www.justice.gov.uk/legal-aid-for-private-family-matters/legal-aid-divorcing-separating-abusive-partner

Her ex-partner will not qualify for legal aid.

I would advise her to seek face-to-face legal advice as soon as possible. Here's where to find a specialist family law solicitor:-

http://www.resolution.org.uk/findamember/

I hope this helps and I wish you and your neighbour the best of luck.


Thanks and best wishes...






UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
UKfamsol and other Family Law Specialists are ready to help you
Expert:  UKfamsol replied 2 years ago.
Thanks for the positive rating and prompt payment with bonus - much appreciated.
Customer: replied 2 years ago.


Sorry to bother you yet again. What a Core Assessment will consider and how is it carried out and what the process of investigation the social services will undertake to reach this stage.


 


Many thanks

Expert:  UKfamsol replied 2 years ago.
This is a completely separate question so please repost as a new question - thanks

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