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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33529
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 ex partner is out of prison next month . He had an eight

Customer Question

;My ex partner is out of prison next month . He had an eight year sentence he committed rape. He is doing 4 years. Who do I get to have his staying access with my children overturned or will it be automatic and set by his probation ,. Will the court do this .how do I inform them will I have to pay as the court order was. made in 2009.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
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 old are the children and has he actually threatened to try and enforce the order?
Clare
Customer: replied 2 years ago.

the children are two boys aged 14 and 15 and 9 months.As he is still in prison i have not spoken to him in 4 years. his parents paternal grand parents have a residency order in force. for my two sons and i feel powerless to prevent them sending the children to him. they arenot in favour of me the residency was set in place in 2006 .the children do not want to stay with their grand parents anymore . i have no futher issues with social services and they closed the case in 2007 . i was accused of abuse and was cautioned at the police station . i told my son off for running in front of a car when he was 6 years old .other incident wasmaked him

Expert:  Clare replied 2 years ago.
Hi
What contact do you have with the children?
Clare
Customer: replied 2 years ago.

i have been given 2 weekends out of 4 the grand parents at present have 2 but their biological dad will have one weekend with staying access if he is not stopped.I have half of all school holidays alternating christmases with paternal grand parents and 2 phone calls a week . The grandparents will not let them see me or speak to me more even thou i moved 5 minutes away from their house. ilive in a one bedroom flat from local housing association thank you clare for answering me .denise

Expert:  Clare replied 2 years ago.
HI
Have you spoken to Social Services about this?
Clare
Customer: replied 2 years ago.

yes but they dont seem to be listening they just keep telling me to get a solicitor . the cas caff officer came to see me in 2008 to assess me with the children i had rented a two bedroom house to accomadate the children a husband whom they of course checked that was ok and a job the children were happy with me .their father already had previous convictions previous to 2000 already serving a previous sentance for aggrivated burglary he got three years did 1 year 6months the children were 8 months and 2 years old at that time it was then i decided i did not want to live with this man anymore . the children and i lived near my parents. social services moved the children to live with their father, but idid not agree to this

Customer: replied 2 years ago.

yes. Do you suggest i talk to them again

Customer: replied 2 years ago.

can social services change the court order for the children do they thave permission

Expert:  Clare replied 2 years ago.
Hi
Do the children wish to see their father?
Clare
Customer: replied 2 years ago.

the children do not want to see their father they are very scared of what he has done they are repulsed by his actions and they say as soon as they can they want to stay with me now. they dislike their grand parents too for the way they force them to do things . they are frightened of the grand father too who has always been very controlling. they talk about changing their names and moving somewhere else .

Expert:  Clare replied 2 years ago.
HI
can you relocate into property large enough for them to live with you?
Clare
Customer: replied 2 years ago.

that is a a most probable outcome if i get residency again ,i would be eligible for a bigger property say 2 bedroom as we would be overcrowed .lhave been told this by a housing officer in hertfordshire.

Expert:  Clare replied 2 years ago.
Hi
is there any reason why Social Services might object to the children living with you?
Clare
Customer: replied 2 years ago.

apart from the fact it is cramped until we can get a bigger place no . i have a nice supportive family and 3 of my sons are grown up they are 32,29 and 28 and they live in the area.


there has not been any involvement by social services against me since the case in 2006

Customer: replied 2 years ago.

the paternal grand parents who have residency at the moment will contest it . but social services will want to visit me first to decide. Dorset social services started a case in2006 and that is closed and i am now under Hertfordshire social services they have no case against me so i would hope to win the children back.

Expert:  Clare replied 2 years ago.
Hi
May I ask - why were they not placed with you in 2006?
Clare
Customer: replied 2 years ago.

because of the paternal grandparents being advised by social services that they were the only suitable candidates at the three day court hearing . This is because of the incident involving one of my sons running in the road in 2006 and the father having issues which they could not allow him to have residency but he has got parental responsibility now thro court order.Dorset social services visited me on several occaisions prior to the court hearing in 2006 ,they wrote a report of me which was very damming and had some elements of untruth about it. my solicitor was not strong enough to defend me without good solid evidence

Customer: replied 2 years ago.

i have remembered the name of the report it was called the core assessment. .i could not understand why they didnt believe i was a good mother after i had three much older grown up boys .I was a single mother who was vunerable and the father and paternal grandparents were telling lies to social services who were writing it down. They lied to the caffcas officer too.

Expert:  Clare replied 2 years ago.
Hi
What were the issues in the Report that were damning - headlines only!
Clare
Customer: replied 2 years ago.

the report said i punched and kicked my child which was untrue .ihave the doctors report


my house was basic when


.the children had everything they wanted.


said that i had agreed to let the children reside with their father.even tho i had told them of his criminal record and his girlfriends bi -polar disorder and she did not have the care of her o wn chidren.


social services telling me that the children would not be coming back to me no more assessment they go to paternal grand parents

Expert:  Clare replied 2 years ago.
Hi
I would expect the probation Officer and Social Services would have concerns about your ex having contact with the children and you need to ensure that you have indeed reported the possibility
You can apply to the court for a Prohibited Steps Order to prevent their grandparents facilitating contact unless and until Social Services assess that it is appropriate
At the same time you can apply for a Residence Order in respect of the children
Given their ages their wishes will be of great importance unless there is any evidence that you would not be able to keep them safe
You can read more about Court Applications here
http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33529
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.

thank-you clare


i have filed an application to the court 22 nd of april so been busy but how do i find out probation office/officer prison would not disclose details to me so cant tell them about children . thanks Denise

Expert:  Clare replied 2 years ago.
Hi
You can simply write to the prison and ask for it to be noted on his record
Clare
Customer: replied 2 years ago.

thank-you so so much clare ,


i still have a long way to go but i feel i am making some headway now


yes i will write to the prison , and ask for it to be noted on his record . Thank-you so much for that, you are really helping me thro this. i am so pleased i found your service and i will recommend you to others dont know how long i have left before i cant consult you? .

Expert:  Clare replied 2 years ago.
Hi
You can always ask for me - and I will reply as soon as I can
Clare
Customer: replied 2 years ago.

do you think the courts or probation will act on the application? ,if so how soon.will i know . i am not planning on getting a solicitor for a court hearing as i cannot afford one and i have applied for legal aid but have been just outside the financial thresh-hold but are a low income family can you give me any advice clare thanks

Expert:  Clare replied 2 years ago.
Hi
Have you applied to the court?
When is the first hearing?
Clare
Customer: replied 2 years ago.

hello clare and hope you are still on line , you asked me about court hearing , l phoned the court because i have not heard anything they say i will probally not get it thro in time for the father getting out of prison . isent papers to watford . there is a family court nearer in chelmsford. will they move it to there? what about ex parte do i pay again where can i get a mc kenzie friend

Customer: replied 2 years ago.

i did not hear anything so i phoned the court they will probally not get a hearing in time this court i have applied to could have been closer to my home there is one closer should i go there how about ex parte and will i need a mc kenzie friend and where do i ask

Expert:  Clare replied 2 years ago.
Hi
Did you issue close to where the children live?
Clare
Customer: replied 2 years ago.

no where the court case was heard last time.

Expert:  Clare replied 2 years ago.
Hi
It will be transferred to the court nearest the children's home
Whilst the hearing might not be before he is released CAFCASS will have started the investigations and the issues will be brought to the attention of Social Services
Clare
Customer: replied 2 years ago.

thankyou so much for your answer clare


i am glad to hear that someone will do something as the paternal grandparents are not talking to me .will the cafcass officer get in touch with me soon. i am trying to get a mc kenzie friend to come to the hearing as i cant afford a solicitor is that what i will need .?

Customer: replied 2 years ago.

will social services be in touch with me soon ?

Expert:  Clare replied 2 years ago.
Hi
CAFCASS will call you after you get your hearing date and you can explain your worries to them
Clare
Customer: replied 2 years ago.

the courts nor cafcass officer or social services have not got in touch with me , what could i do to speed things up. my children need protecting from their father taking them on the court orders for access that he still has in place when he comes out of prison on the 15 may these are one weekend in 4 and one week in the summer hols both are staying access.

Expert:  Clare replied 2 years ago.
Hi
You have done all that you can by alerting the authorities and making the application.
As soon as you hear from the court you will be able to call CAFCASS
Clare

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