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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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My partner of 1 yr has a 15 month old

Customer Question

My partner of 1 yr has a 15 month old daughter of whom he has PR and 2 step sons (15 and 6), he is the only dad the boys have and has ever known. The kids mother has been very very uncooperative and has denied my partner access since June 2014. He has sent solicitor letters, offered supervised access and they have had 1 mediation appointment which she basically swore and stomped out of and declined any further involvement. She is also being very uncooperative with cafcass and there parenting plans and courses which my partner has invited her to do, there is a court hearing in 2 weeks. She is now trying to state that he struck her eldest child, (which he would never do) and we have emails, texts and net mum entries stating that he was a good dad. We also have blackmailing texts stating that he can see the kids if he returns to the family home and leaves me, baring in mind they have been divorced for almost a year and separated since Aug 2013, and i met him in Feb 2014. She is now going for a pso. Any help or advise would be appreciated, thank you.

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.
Which part of the Uk are you in.
What has she actually asked for the Prohibited Steps Order to cover?
Clare
Customer: replied 2 years ago.

Hello, Thank you for replying, would like to double check if we get charged per question.

We are in Hertfordshire and will be using watford county court. The pso is an order to stop my partner removing the children from the mother for any length of time.

Thank you

Expert:  Clare replied 2 years ago.
Hi
Has he threatened to remove the children from her care?
Clare
Customer: replied 2 years ago.

No never, and never would he works full time

Expert:  Clare replied 2 years ago.
Hi
Just to check - the hearing will be the first hearing in the matter?
Clare
Customer: replied 2 years ago.

Yes, is there anything he can do to maximise he's chances of getting access and not getting the pso on him.

How much will the judge take the text, emails etc into account?

Expert:  Clare replied 2 years ago.
Hi
Have CAFCASS spoken to your partner yet?
Clare
Customer: replied 2 years ago.

No, that will be just before the court hearing I think.

Expert:  Clare replied 2 years ago.
Hi
That is correct they will call in the week before the hearing and ask your partner what his concerns are what contact he is looking for.
Since he has no intention of removing the children from their mother's care he should offer to agree to the PSO as it will not create any problems for him - and takes the wind out of her sails as it were.
There is no reason why the children should not have contact with your partner - but he is going to have to be prepared to take enforcement action if need be as I suspect his ex will do all she can to prevent the contact actually happening
Please ask if you need further details
Clare