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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 received a copy of the section 7 report that filed to court

Customer Question

I received a copy of the section 7 report that filed to court by social worker. the report does not favour me. I don't agree on the report.

the report claims I want to have contact order so that I can leave to remain in the uk. social worker recommends contact order should not be given at this time but after getting leave to remain.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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.
What is your immigration position?
Clare
Customer: replied 3 years ago.

entered the uk on a spouse visa


 


i have submitted further application to leave to remain in the uk as a parent of a British child. the application is still processing and no decision yet made.


in meantime i still have the right to work as I'm currently working.

Expert:  Clare replied 3 years ago.
Hi
What contact are you having at the moment?
Clare
Customer: replied 3 years ago.

no contact at all

Expert:  Clare replied 3 years ago.
Hi
When did you last see the child?
Clare
Customer: replied 3 years ago.
December 2013
Expert:  Clare replied 3 years ago.
Hi
What regular contact did you have prior to that?
Clare
Customer: replied 3 years ago.
No regular contact
Expert:  Clare replied 3 years ago.
Hi
Did you ever live with the child?
If so how often have you seen him since the separation (and when was the separation)
Clare
Customer: replied 3 years ago.
We lived to together as husband and wife from 2012 till separation in December 2013
Customer: replied 3 years ago.
Since the separation on December 2013 I did not see my child as I was bound police bail condition which was uplifted last month.
Expert:  Clare replied 3 years ago.
Hi
Thank you that is a clearer picture!
So the report does not recommend that contact starts until your immigration position is clear - is that right?
Clare
Customer: replied 3 years ago.
Yes
Expert:  Clare replied 3 years ago.
Hi
At the next hearing you need to say that you do not agree with the report and insist that the matter is listed for a final hearing.
Whatever your immigration position the fact is that you are the father of the child and the child has the right to have a relationship with you
The report is flawed because it overlooks the importance of the issue for the child
If you remain in the UK then the sooner that you start to build the relationship the better.
If you do not then it is in fact even more important that you have time together while you can do so easily in order to form the basis of a more long distance relationship
Do NOT accept the report = and use the above argument to ask the judge to order interim contact at a contact centre prior to the final hearing
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Prefect thank you very much.
Customer: replied 3 years ago.

 


hi Clare


how about if the judge or the opposition argues we are not denying you contact once your immigration position is clear then contact will be granted.


how should I respond to that

Expert:  Clare replied 3 years ago.
HI
You point out that there is no reason to wait - your child is entitled to contact with you now
Clare