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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 have had a discussion with my ex wife ( recently divorced)

Customer Question

I have had a discussion with my ex wife ( recently divorced) regarding my concern that she takes our son who is 10 years of age to my sisters house for sleepovers and during I believe there is drug taking by invited friends and my sister and her husband. I expressed that this is un- acceptable and I will not allow it to happen and if necessary I will use the full force of the law to stop it happening. I do not have evidence except that in all the years of family get togethers it is almost common knowledge that this happens and I have witnessed it myself. I have now received a text from my sister and her husband stating the following. "Simon..I've heard you are making totally incorrect, unfounded and hurtful comments about people taking drugs at our house. Jez and I are personally offended at this and take our reputation very seriously!.Can you please stop being so horrible to people that have done nothing to deserve it or we will start doing likewise!"
I would be grateful for advice as to my reply and most importantly the well being of my son ( we have joint parental responsibility ) and its worth noting that its has be an acrimonious divorce and family taking sides and all that goes with that
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.
Did you ever stay over there when you were together?
Clare
Customer: replied 2 years ago.

Yes

Expert:  Clare replied 2 years ago.
Hi
When did you stop?
Clare
Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  Clare replied 2 years ago.
Hi
I ask the question as it is the first one the court would ask.
If it was fine to stay over when you were with your ex then i am afraid that unless you can prove that there is drug taking in the property whilst your child is there the court is NOT going to stop your ex taking the child there.
However if you can show that you stopped staying with your sister overnight years ago because of this problem then you can apply to the court for a Prohibited Steps Order preventing her from taking the child there
So far as the text from your sister is concerned there is no reply to be made
I know that this is not the news that you wish to hear - but it is a realistic reflection o the position that you are in
Please ask if you need further details
Clare

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