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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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Hi Am I able to get a court order to prohibit my ex husband

Customer Question

Hi
Am I able to get a court order to prohibit my ex husband taking my children to see his girlfiend
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.
What is your specific objection to his new girlfriend, and how long have they been seeing each other?
Clare
Customer: replied 2 years ago.

the objection is that she takes or took drugs they have been seeing eachother since October 2013

Expert:  Clare replied 2 years ago.
Hi
What evidence do you have of her drug habit?
Have the children met her yet?
Clare
Customer: replied 2 years ago.

well her ex and her came to my house in september2013 and were taking cocaine with my husband in my kitchen and i tried chucking them out of my house

Customer: replied 2 years ago.

my children do know her as her ex and mine were friends

Expert:  Clare replied 2 years ago.
Hi
Is your ex still taking drugs?
Clare
Customer: replied 2 years ago.

the court made him have a drugs test and it tested positive in October

but now hes apparently stopped, which i find it hard to beleive

Expert:  Clare replied 2 years ago.
Hi
What contact is your ex having with the children at the moment?
Clare
Customer: replied 2 years ago.

Well my son is still living with him and my daughter sees him on a Thursday after school until 7 pm and on Saturdays from 11-7

Expert:  Clare replied 2 years ago.
Hi
When did the children last see his new girlfriend?
Clare
Customer: replied 2 years ago.

Saturday

Expert:  Clare replied 2 years ago.
Hi
What has changed to make you think that you now need to get such an order?
Clare
Customer: replied 2 years ago.

my daughter has been behaving horribly towards me and telling her father if I go out on a Saturday evening or what Im doing at home and if the house is clean and tidy, what shes eating and times etc

Expert:  Clare replied 2 years ago.
Hi
I am afraid that this is not a reason for stopping any contact with your ex's girlfriend - and the court simply would not make such an order.
Even the drug taking will not be sufficient unless your daughter reports that it has happened in front of her
I am sorry as I know that this is not what you wish to hear.
Had this been a new relationship then you would have had a chance of delaying the contact with her - bt as it is there is just no option based on what you have told e so far - I am sorry
Clare
Customer: replied 2 years ago.

Thank you

I have put in a C2 form as urgent to the court today please could you tell me how long it takes to be heard? I am not appointing a solicitor for this.

Expert:  Clare replied 2 years ago.
Hi
Why have you completed a C2?
Clare
Customer: replied 2 years ago.

As i was told its quicker than c100 form to apply to get passport back

Expert:  Clare replied 2 years ago.
Hi
That is incorrect.
You shoudl have used the C100 and applied for a Specific Issue Order since there ar eno existing proceedings before the court.
Clare
Customer: replied 2 years ago.

Where do I stand if my ex gets custody of my daughter in court case in January and is allowed to live in the marital home? Am I allowed to put an order in asap to force sale of the house? Would I be left on the street although I have a land registry notice as spouse living in property.

Customer: replied 2 years ago.

How can I apply for an interest in the house.

Expert:  Clare replied 2 years ago.
Hi
What application has been made that will be heard in January?
Does your daughter wish to live with her father?
Clare

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