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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
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 on the family issue, I have applied

Customer Question

Hi, I need some advice on the family issue,
I have applied to court for a contact order, to be able to see my 2 year old child, the second hearing is in a month.
The judge told me to come up with concrete proposals,
I have a non-molestation order to end in 7 months based on false allegations.
And I have at another impeding case and been charged with Harassment without Violence by the CPS based on my ex reported me. It’s based on me texting messages of an abusive and offensive way, but at the request by my ex-partner to help her UK VISA.
I strongly believe that both cases are directly linked to my ex-partner’s UK VISA issues, and for her to use the domestic violence route portraying me as a violent and abusive person. My ex also claims I had kicked her out of the house (but I was abroad) and threats to kill her, this absolutely not fact.
Regarding the child contact, Cafcass have completed a safeguarding telephone interview, and said there is no safeguarding concern with me, but recommended a section 7 report. They also said the NMO was based on false allegations, and Harassment charge as impeding and the outcome is unknown but if the Harassment is proven to be true it could be a cause for concern, and so recommended a section 7 child safeguard report to be done by my child’s social worker.
I haven’t seen my child for over a year, and I have never been in trouble with the police before this.
My ex has recently been cautioned for theft.
So now I need advice on what options I have for a concrete proposal in the second hearing, the thind is i want direct and unrestricted contact but i don’t know if this can be achieved. if you can advice on what options I can go for, thanks.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Although it is not your fault you have not now seen your child for half of his life and your proposals have to reflect this.
You should ask for contact to begin at a Contact Centre local to your child
www.naccc.org.uk
Start small - one hour a week to start with increasing to two hours after the first month.
After three months you can ask for contact to move out of the centre and then to extend to the whole day.
Asking for this will show that you are child focussed and willing to move at the child's pace.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

Ok thanks,

So there's no chance what so ever, of getting unrestricted contact, i want to see my child freely?

Can you give me some advice on the statement i have to make? do i go into detail about the false allegations against me? or just stick to the proposal you mentioned.

Expert:  Clare replied 1 year ago.
Hi
Yes you will - but not straight away - you have to build it up at the pace that is right for the child - not you.
In addition there has to be a set pattern so that the child knows what will be happening and when
What does the Order say about the statement
Clare
Customer: replied 1 year ago.

Ok I understand about the pace and pattern I will propose what you adviced me about contact.

The judge told me just to update my first statement. which mentioned background information and deniel of all allegations, and pleading not guilty for the impeding harrassment case.

The judge hasn't not yet seen the Cafcass recommendation. section 2 report - telephone interview. which Cafcass has recommend a section 7 report by the child' social worker, and they have no wish to have no further involvement in the case.

Is it possible a section 7 report may be ordered and I still get contact? under the proposal which you adviced me.

Expert:  Clare replied 1 year ago.
Hi
Have any new allegations been raised since the last statement?
Clare
Customer: replied 1 year ago.

The allegations are still the same, kicked out of the house, threat to kill, treated like a slave, being abusive and offensive...I deny all allegations; I was not in the UK when she claimed to have been kicked out.

Expert:  Clare replied 1 year ago.
Hi
Then if you have answered them all in your last statement simply say that you believe you have covered it all in your previous statement and concentrate on your proposals for contact
Clare
Customer: replied 1 year ago.

Ok thanks, ***** ***** proposal ok?

I haven’t seen my child and she hasn’t seen me for over a year now, I believe it’s my child’s wishes and feelings to reconnect with her dad as soon as possible.

I propose unrestricted contact, and to be reintroduced to her life.

  • To start off at a contact centre local to my child.
  • Contact to be one hour twice a week. On Tuesday and Friday. As she is still a toddler so frequent contact is ideal for her.
  • Increasing to two hours after a month.
  • After three months contact to move out of the centre and to extend the whole day.
  • Hopefully my child and I can reconnect soon.
Expert:  Clare replied 1 year ago.
Hi
It is unlikely that there is a Contact centre local to you that is open every day
You can check here
www.naccc.org.uk
So an hour on a saturday for two weeks raising to two hours then three (if possible)
Then taking her out for two hours - then three then the whole day
Do you know how to present the statement properly?
Clare
Customer: replied 1 year ago.

No can you show me?

Expert:  Clare replied 1 year ago.
Hi
YOu can read more here
http://www.separateddads.co.uk/how-write-your-statement-for-court.html
and here
http://www.family-law-advice.org/wp-content/uploads/2013/09/Position-Statement-Guidance.pdf
I can check it for you as an extra service if you would like
Clare
Customer: replied 1 year ago.

Ok thanks, ***** ***** a little more research and write a statement...you can check and let me know if it's ok,

Expert:  Clare replied 1 year ago.
Hi
That is fine
Clare

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