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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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am seeking advice after an appearance this week in court re

Resolved Question:

am seeking advice after an appearance this week in court re my son gabriel
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 would you like to know?
Clare
Customer: replied 3 years ago.

Hi

I won a residence order last Wednesday for my son Gabriel (3)

who has lived with me for last six months on a temporary order.

I was surprised t court as my estranged wife did not turn up to fight the case sending a lawyer with an offer to settle where my wife agreed with he the Cafcass report that he should remain with me.

Wife is ten years over her visa (Jamaican)

She asked for every other weekend Friday 2 till Sunday 5 and some holidays.

I was that amazed I agreed with District Judge without much thought as was delighted to get residence without a trial but now am not so happy. My little boy is being tested for autism and the temporary contact agreed previously my wife has either been late for or missed recently claiming she had TB (it was her new partner) and now she says she has TB in a blood test found last Monday. In all my little boy has not seen his mum in over a month.

This weekend coming is first weekend and first time Gabe will see wife's new partner. Previously this man had refused to give court his address giving a care of address in Swindon. Last week judge made him give address details to me for where Gabe would be staying. With hat address I have found several aliases (Cafcass say they knew most of them) and a carer as a porn director (1998-2004) and he appeared in unprotected films himself with his then wife. All of this in conjunction with the TB scares me awfully for Gabriel and he judge has insisted little boys mum produces a GP letter this week to prove her TB is non contagious. What can I do please? Peter

Expert:  Clare replied 3 years ago.
Hi
I assume that this is the level of contact that CAFCASS suggested was appropriate?
(and well done)
Clare
Customer: replied 3 years ago.

Yes it was but Cafcass not done a great job. They were unaware of all aliases they missed one. They did not know the guy was a porn producer or understand the link between TB and possibly HIV. (the guy is receiving strongest treatment for "presumptive" TB. The guy also is illegally on the electoral role at an address 90 miles from where he lives. His ex wife was seemingly co-erced into appearing in his films where previously she was a page 3 model and my wife's new partner claims this woman organised a "hit" on him after marriage failed. All seems so dodgy and given Gabe's potential autism )being tested) I am very worried about what I have found out sice I agreed to contact.

Expert:  Clare replied 3 years ago.
Hi
I am sorry but none of what you say is sufficient for you not to allow your son to go on contact (assuming that the medical letter is forthcoming)
Unless you can prove that he was in some way linked to Child pornography his pervious employment is not relevant.
Many men are still on the electoral roles of their matrimonial homes long after the split - and the rest is merely gossip
Even the potential autism AT THIS STAGE would not convince the court
I understand your concerns but the fact is that your son is entitled to contact with his mother, and failure to facilitate it in the absence of evidence of a real risk could jeopardise the Child remaining in your care
Please do not lose what you have won
If there are serious issues after contact has been ongoing for a few weeks THAT would be the time to review it again
Clare
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