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Ask Clare Your Own Question
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 am living separately from my wife. I have a six years old

Resolved Question:

I am living separately from my wife. I have a six years old daughter. I have a restraining order against me not to see my wife for one year. I also have a restraining order against me with regards ***** ***** daughter that ends on the 31st of July next month. I have been told by the court to go through a solicitor to make any arrangements to see my daughter. I want to be able to see my daughter as soon as possible. I am home-bound with a severe disability. What should I do?
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.
When did you last see the child and is there any family member who will be able to help with collection and return?
Clare
Customer: replied 2 years ago.

I saw her three months ago. I will have to collect and return myself.

Expert:  Clare replied 2 years ago.
Hi
For clarity - you are able to leave the property then?
Why was the restraining order made?
Clate
Customer: replied 2 years ago.

It is extremely difficult for me to even leave my bed. But I am willing to do it for my daughter. She is all that I have in life. Restraining order was made on the grounds of my wife worrying over me taking the daughter with me to Pakistan. I am mentally disabled. But I can just about manage with my medication. I was forced to leave the house on the grounds of domestic violence by court order that I did not contest.

Customer: replied 2 years ago.

I am still waiting for an answer.

Customer: replied 2 years ago.

Still waiting?

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
When was the Order made?
Clare
Customer: replied 2 years ago.

The order was made in July 2014. I was told to remain away from my wife and daughter for one year after being forced out of my house on 1st of August 2014. But I stayed in touch with my daughter to ensure her well being. Last week the court fined me and made another restraining order not to see my wife for another one year. There is now a 6 PM to 6 AM curfew on me for three months. But I have been told that I can still see my daughter after the 31st of July 2015, as long as I approach my wife through a solicitor. I want to be able to see my daughter as soon as possible after the 31st of July. I am extremely concerned about her well being without me.

Expert:  Clare replied 2 years ago.
Hi
Do you have a solicitor?
Clare
Customer: replied 2 years ago.

No, not yet. But I will find one as soon as I know I have to start proceedings. I do not want to wait until the 31st of July, and then go through another month or so of processing. I want to get everything sorted out before the 31st of July, so that I can see my daughter soon after the 31st of July.

Expert:  Clare replied 2 years ago.
HI
Because of the restraining Order you will need to use a Solicitor to contact your ex regarding setting up contact in the future.
As a starting point you should ask for contact to take place at a local Contact Centre
(www.naccc.org.uk)
This is because this is a place where hand overs can be arranged without your meeting your ex.
Given the situation there is no question of Mediation and that being the case if your ex does not respond to the letter then you will have to make an immediate applictaion to the court
The sooner you contact a solicitor the better
Please ask if you need further details
Clare
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