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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 need some advice about family court, I am desperate to

Resolved Question:

I need some advice about family court, I am desperate to see my children. I applied to family court and have been given a date to attend but my ex has applied to stop the proceedings because she is pregnant and also claiming that they wish to seek their own court proceedings claiming now that I am some risk to the children (bear in mind that I have continued to have my children stay with me up until recently and nothing has changed I provide a safe comfortable home for them when they do stay) My daughter who loved visiting me and we had great fun together suddenly sent me messages full of lies that she has been told by her mother saying that she does not want to have anything to do with me and I have not seen her for 6 months since My son continued to visit until his mother told him that i was not paying any maintenance and he was not allowed to see me until I did- even though I know that on the same day she called the CMA and they confirmed that I had paid! Is there anything I should be doing to ensure the court continue with the case?  Can I simply send a letter to the court or is there a process I need to follow?  Can she make these unfounded allegations and I then have to disprove them?

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.
How old are the children - and when is the first hearing date?
Clare
Customer: replied 2 years ago.

Freya 13 Oscar 15

25th March 2015 the letter saying my ex is trying to stop the court case feb 26th.

Expert:  Clare replied 2 years ago.
Hi
What did the letter actually say?
Are you still in contact with your son and when will he turn 16?
Clare
Customer: replied 2 years ago.

I have amended some of this reply

The letter looks to be an official acknowledgement form. It has guidance on it which states that a copy must be hand delivered to both parties. There is a tick box which asks if you feel the children are at risk and they have written my name next to it they have not specified why they are at risk. There is another tick box which ask if they will be applying to court for their own order which has also been marked.

The later part of the form asks if you have any special requirements and below this my ex has written that she will be 7 months pregnant and has been unwell so feels it will be too stressful.

My son is 16 in November. He was very happy visiting me but for years his mother has been working to alienate them from me. I went to pick him up (driving the 15miles) and when I got there he told me that he could not come because I had not paid maintenance (emma had confirmed with the cma that i had paid maintenance! ) but that he would come to the cinema the next day. Tickets booked in advance.

The following day they received the court paperwork and she told the children that I was having them taken away. Oscar sent me messages telling me all about me accusing his mum of sexual abuse (not true, I have not accused her of sexual abuse but this is the part of the form their mother highlighted to them) and he said that i have to chose the "stupid law thing" or him. I can still contact him but he believes all of the scary things she is saying to him so he is firmly on her side (not that I have ever asked him to take my side or suggest he argues with his mother other than telling her what he wants)

"

Expert:  Clare replied 2 years ago.
Hi
What have they said about seeking to postpone the proceedings?
Clare
Customer: replied 2 years ago.

Question 5 on the form states do you oppose the application and they do

Q7 do you believe that the children named above have suffered or are at risk of suffering any harm from any of the following:

Domestic abuse, violence, child abduction or other conduct or behaviour by any person who is involved on caring for the children.

And they mark yes and name me.

Customer: replied 2 years ago.

The form states that they needed to fill in a C1a based on their answers but they have not supplied me with a copy of it!

Expert:  Clare replied 2 years ago.
Hi
Yes - but you said that she has applied to actually stay (stop) the proceedings - do you in fact mean that she has simply said that she will oppose it?
Clare
Customer: replied 2 years ago.

Sorry yes, that would appear to be the case. They oppose it and have selected that they wish to bring their own case.

This would be fine but I know that they would not and it is time sensitive ,waiting another month would kill me.

Expert:  Clare replied 2 years ago.
Hi
Please do not worry - that is not what will happen.
Any application that they wish to make will be heard within the ongoing application - not separately at all.
Just before the hearing you will hear from CAFCASS who will ask for details of your concerns and what you are looking for - and they will do the same with your ex.
There will then be a short report available at court which will indicate whether or not there needs to be any further CAFCASS involvement
with regard to your son I suggest that you simply remind him that in fact he gets to decide where he wishes to live - and that all you have asked for is contact with he and his sister
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you for your help and advice. It is much appreciated

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare
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