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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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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Can I employ an official witness for the court to come with

Customer Question

Can I employ an official witness for the court to come with me when I try to collect my son from my ex girlfriend to confirm her refuse and abuse?
Is a bailiff the correct person or to whom should I address my demand?
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 court orders are currently in place?
Clare
Customer: replied 3 years ago.

right of visit wednesdays and saturdays


Custody was refused to the mother but the child lives with her and we are awaiting joint custody order


 

Expert:  Clare replied 3 years ago.
Hi
So you are due to have the child on Wednesdays and Saturdays and you do not think that your ex will abide by the Order is that correct?
Clare
Customer: replied 3 years ago.

in fact yes but also I need to record the language and abuse that awaits me each time.

Expert:  Clare replied 3 years ago.
Hi
When was the order made and where does hand over take place?
Have you asked a friend to go with you at all
Does she actually hand over the child?
Clare
Customer: replied 3 years ago.

The order was made one month ago and I have had access to the child only through a centre in order for him to get used to his father again.


This is uniquely due to the fact that she denied access for 16 months.


I have done nothing wrong except get involved with a doubtful character out for an easy frame.


As from the 9th sept I should have access for 2 full days but have to pick him up at her house. In the past this has been the scene of harassment and violence both from her other 2 adult sons(both fathers unknown) and her unfortunately in front of my 2 year old child.


I am from a good family and just want to do the best for this child.


I can no longer put up with going to a child care centre which is primarily for violent social cases but I need to be with someone who can testify to the unacceptable behaviour and emotional blackmail when I try to pick my son up from his mother's house.


She refuses to accept the presence of my father or my sister who could be with me.


I think to have summed up the reasons that have pushed me now to search to have a witness designated by law, even at my own expense.

Expert:  Clare replied 3 years ago.
Hi
In fact Supported Contact Centres are not for violent social cases - they are meant specifically for people like you were the other parent cannot be trusted!
However I do understand your feelings on the subject
There is no process for having a designated witness however it is reasonable for you to have some one go with you to collect the child - a friend would be fine - if that is a problem then you could consider an enquiry agent - but the later would be seen as being rather strange.
If your ex does continue to be abusive on her door step then move the handover to a neutral place such as a supermarket cafe - or anywhere where there are other people - or ccty
I hope that this is of assistance - please ask if you need further details
Clare