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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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If my ex is serving 16years violence can his parental

Customer Question

If my ex is serving 16years for domestic violence can his parental rights be removed?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youWere the children involved in the incident?Clare
Customer: replied 2 years ago.
My son witnessed all of it and 3years later still affected and seeing a child psychologist
Expert:  Clare replied 2 years ago.
How old is he and what has the psychologist recommended?
Customer: replied 2 years ago.
My son is nearly 5 and his psychologist was shocked that from the age of 2 my son made it his duty to lock the door to keep us safe and was horrified to hear my sons reaction to being told his dad is in prison for 45minutes saying in graphic detail how he will kill his dad when he comes out of jail because he hates him he hurt my mummy and know one is allowed to hurt my mummy etc
Expert:  Clare replied 2 years ago.
When did the incident happen and what contact has the father tried to have since
Customer: replied 2 years ago.
The domestic violence was over 5years got away from him 2012 and he has not had any contact since he did however apply for contact and was 3/4 court hearings last year regarding contact despite an indefinite restraining order in place to protect both me and my son which is set for life and the contact was his application but yet he didn't turn up not once or contact the judge about not being able to attend so the judge dismissed it then there was two 5day trials due to a retrial this year where he got sentenced to 16years
Expert:  Clare replied 2 years ago.
OkWhat was the actual charge?Is the father named on the birth certificate and were you married?
Customer: replied 2 years ago.
He is on the birth certificate but no we wasn't married and there were many counts of physical violence and sexual offences numerous rapes over the whole 5years
Expert:  Clare replied 2 years ago.
OkWhat difference would removing PR make?
Customer: replied 2 years ago.
My son would be safe and won't have to worry about him trying to get contact and we will be able to both move on with our lives knowing he is completely out of our lives and can't have anything else to do with us etc
Expert:  Clare replied 2 years ago.
Removing parental responsibility would not in fact prevent any future applicationsIn addition the only recent case where Parental Responsibility was removed involved Sexual Abuse You can read the case herehttp://www.familylawweek.co.uk/site.aspx?i=ed113090I will be honest the events you describe - while appalling - may not be sufficient to remove PR - especially where there is little chance of any contact ever happeningPlease ask if you need further detailsClare
Customer: replied 2 years ago.
So he will always have a hold over us? Despite having to move far away from family and friends start a new life with new names etc that victim support advised with him still having PR I can't change the name on sons passport and he can still try for access?
Expert:  Clare replied 2 years ago.
I am sorry that you feel my service was bad - but I can only tell you the law as it is - not how I might wish it to be.I can only imagine how difficult things are for you in terms of your names BUT you can certainly apply to the court for a specific issue order allowing you to change your name and it WILL be granted in the circumstances you describe
Customer: replied 2 years ago.
Would it be granted for my son as I don't need a court order to change mine? I was told before that PR can be removed if they get a lengthy sentence for DV and rape especially wen the child was the result of it
Expert:  Clare replied 2 years ago.
Sorry - it was his name I was referring toI have in fact found a more recent case herehttp://www.familylawweek.co.uk/site.aspx?i=ed120166However in that case the father did not oppose the application and was due for imminent release - which may have effected the outcome.However if you act quickly Legal Aid MIGHT still be available - it is worth a tryClare
Customer: replied 2 years ago.
Would he be informed about the name change even though it's to protect my son?
Expert:  Clare replied 2 years ago.
He would be informed about the application - but not the proposed name
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  Clare replied 2 years ago.
You do indeed have great inner strength
Expert:  Clare replied 2 years ago.
Sorry the site is playing up and I did not plan to send that to you - although frankly you do indeed have great inner strength to have got yourself and your child this far!
Customer: replied 2 years ago.
Thanks got no choice but to be strong I'm in a place I've never been or heard of away from all family gotta keep strong for my child.
Expert:  Clare replied 2 years ago.
You are doing well - see a solicitor as soon as possible - and take that case report with you
Customer: replied 2 years ago.
The website is playing up sends the wrong messages for other peace to know ur business and frankly I was told totally different things before by a barrister and solicitor
Expert:  Clare replied 2 years ago.
Hi
I am sorry that you are unhappy with the answer
There is indeed a site glitch which is causing problems - but there is NO way of your being identified in anyway through it.
The 2013 case (A v D) - one of only three cases involving the removal of Parental Responsibility - seems very similar to yours BUT as you will see from the write up it does not mean that he can make no further applications - it does mean however that it will be harder for him to do so
Clare