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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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there is a court order in place stating that my ex is not allowed

Customer Question

there is a court order in place stating that my ex is not allowed to drink around my daughter whislt in her care or 12hrs previously. she also stated in court that she is not with her abusive boyfriend who smashed up part of her house and she showed me the finger marks around her neck(my ex's) and arms. I picked my daughter up on Friday at 5pm and i could smell alcohol on her and since then my daughter has been saying how Darren (the abusive ex) sleeps in muumys bed, they shout and go bang bang and mummy and darren go shopping and go dinner( my daughter is nearly 3). i have , over the last two and a half years expessed my concern with my ex's drinking and to social services and to the police to no avail. I have recieved an e mail from her solicitor(yesterday) staing that my ex is saying i was abusive and aggressive to her and drove off aggressively, these are lies, i also expressed my concern of picking my daughter up from my ex's home address as she has lied to happenings there previously. Her solicitor is damanding i take my daughter to childminder in the morning or the will contact police. My concern is the welfare of my daughter, what shall i do ?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How is the child's time shared between you
When was the last order made?
Customer: replied 3 years ago.

childs time is 50%50 i have her 176 nights of the year, order was made 21st Jan 2014

Expert:  Clare replied 3 years ago.
Is there any reason why the pick ups cannot happen at the Child minders?
Customer: replied 3 years ago.

it does happen at childmender apart from friday as childminder has day off, i voiced my concern of this in court and it was ignored as she has made false allegations of happenings at her address before


Expert:  Clare replied 3 years ago.
In terms of the drink issues were liver function tests involved last time?
Customer: replied 3 years ago.

no, nothing like that, though i have a couple of incident numbers regarding her abusee, harrassment. thanks for your help but i have to hand her back now

Expert:  Clare replied 3 years ago.
You would have had to hand her back to start with anyway as you have no Social Services support that she is in any danger
HOWEVER that does not mean that there is nothing that you can do about what has happened
So far as the letter is concerned you should write to her solicitor and point out that you did not wish the handover to take place at your ex's home for this very reason and suggest a handover at a neutral venue - the cafe of a large store is often useful
So far as the other issues are concerned your best bet would be to get an Enquiry Agent to compile a report showing that the "ex" partner is there as this will be useful evidence
You should then apply to the court for a review on the basis of the breach of the Order
Please ask if you need further details

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