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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
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 am due to attend a first child contact hearing , i have been

Customer Question

i am due to attend a first child contact hearing , i have been charged with assaulting my wife, this is included in cafcass to report to court also in the report my wife said that i have never harmed the child.
will the judge allow me to see my child despite of this pending criminal prosecution?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question
I will do my best to help you but I need some further information first.
What does the conclusion of that short report say about contact?
Clare
Customer: replied 2 years ago.

they report says all contact in the interim between the child and her father should be as advised and arranged by the local Authority who should file section 7 report and address long term contact arrangement .


 


police will not be able to disclose records due to criminal trial pending.


 


i am not yet convicted the hearing is next week im innocent until proven guilty

Expert:  Clare replied 2 years ago.
Hi
Have Social Services already been involved with the child?
Clare
Customer: replied 2 years ago.

yes they are involved in the report they have said they assessed me as being a risk to my wife and our child.


social service will need to carry out a assessment on me before contact can begin.

Expert:  Clare replied 2 years ago.
Hi
That assessment from Social Services is indeed a major problem HOWEVER the fact that your ex herself says that you are not a risk to the child COULD mean that contact could start at a Contact Centre sooner rather than later and this is what you should ask for
Otherwise I am afraid that the best you will get is that Social Services are ordered to facilitate sone contact as part of their Report -
Please ask if you need further details
Clare
Customer: replied 2 years ago.

 


ok in the report my wife have said i don't harm the child but at hearing if she decided to change her mind and say i harmed the child. can she do that?


what kind of contact will the Social Services facilitate

Expert:  Clare replied 2 years ago.
Hi
She may well do so but it will not make a great deal of difference
Social Services will start with supervised contact
Clare

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