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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34133
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 daughter lives with her father by residence order. Father

Customer Question

My daughter lives with her father by residence order. Father is continually putting me and my husband down to her, telling her frightening things about us. Last time she came to stay he made threats to kill towards me and is being dealt with through courts. This visit daughter has told me her dad said he will kill my husband. Am wanting to overturn the residency order but don't know chance of success. Know I need to contact a solicitor but only want to do this if I actually have anything of a case
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 is your daughter and when was the last Order made?
Clare
Customer: replied 2 years ago.
She is just turned 7. Residence order made in 2012. However have continually been taken to court by her father over various things. Last time was Dec 2014 as he wanted my address. Judge ruled I didn't need to provide this due to his obsessional behaviour towards me. Also had made allegations of sexual abuse which were investigated by police and social work Nov 2014 and denied by my daughter
Expert:  Clare replied 2 years ago.
Hi
What is the current contact pattern?
Clare
Customer: replied 2 years ago.
Grace comes up to scotland to visit during school holidays- all half terms, 1 week at easter and Christmas and 3 weeks in summer
Expert:  Clare replied 2 years ago.
Hi
Have the school got any concerns about your daughter?
Clare
Customer: replied 2 years ago.
No
Regards
Alexa
Expert:  Clare replied 2 years ago.
Hi
When Social Services were involved did they express any concerns about his care of the child?
Clare
Customer: replied 2 years ago.
No they said we could both equally well care for her
Expert:  Clare replied 2 years ago.
Hi
Were they no concerned about his ongoing aggression towards you and your new partner (it would bother me)
Clare
Customer: replied 2 years ago.
In 2013/14 we had a cafcass officer who was putting together a plan for Graces contact. It was only at this point that my ex started becoming hostile, as things weren't going his way. This hostility was to the extent that in her final report, the CafCass officer said her recommendations needed to include a 'balance of risk' to grace about her staying with the her father or being removed to me. In the end he backed down and agreed to contact. But since then things have become more and more difficult. He shouts at me in front of her, has called the police on me when he couldn't speak wih her one night, and I'm so despaErately worried about the things he is telling her- far too adult for her 7 years, about money and my current husband being in prison and wanting to kill him. I genuinely think he is trying to poison her against me and make her afraid to come. The only upside is she seems well adjusted at the moment and enjoys her time with us, but my understanding is any form of abuse is of significant harm or LIKELY to produce significant harm and I can't see how she won't be affected. I should add I'm moving down to her area in October this year to hopefully have more weekend contact. I just can't bear the thought of her being so anxious about this. And I hate his intimidation of me, I wish I wasn't intimated because I am a professional working woman but it is so. I'm awaiting the social work report from dec '14 about sexual abuse allegations and spoke to the social worker who stated she was concerned that such a report had been made by him as when they spoke to grace she was so positive about her time up here
Expert:  Clare replied 2 years ago.
Hi
Sorry - for clarity - you are moving back to England permanently?
Clare
Customer: replied 2 years ago.
Yes that's right
Expert:  Clare replied 2 years ago.
Hi
Will that mean going back to court to increase the contact?
Clare
Customer: replied 2 years ago.
I expect so. I'm hoping he will agree but my gut feeling is he will ignore me or, more likely, agree by email but fail to put into practice and I'll end up having to take it back to court
Expert:  Clare replied 2 years ago.
Hi
There is little point in applying to vary the current arrangements until you have completed the move back to England
At that point with no moving school etc you have a much better chance of success.
It seems that all the professionals involved are already aware of and concerned about the issue of your ex's attitude to you and that being the case it is likely that any application you make after the move may well be successful
HOWEVER if matter deteriorate then clearly the balance of risk will change.
In the mean time keep careful notes - and report any and all threats - and if an earlier move south is possible then consider it carefully
Please ask if you need further details
Clare

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