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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1200
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have been divorced years and both children from the

Resolved Question:

I have been divorced for 3 years and both children from the marriage (15 year old daughter and 14 year old son) live with me. There has been no contact between the children and their dad (my ex-husband) for about a year. However he still pays child maintenance to me. Both children still have him on the school contact list as a parent but they desperately want to remove his address as they do not want their school reports etc to go to him. The school won't remove his address even though both children and I have requested it. What can be done and how traumatic is the legal proceedings going to be?
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
If your husband was to make an application to the court to spend time with your children and if your children stated that they did not want to see their father - then given your children's ages - the court would order in line with your children's wishes and feelings and they would not be made to see their father against their wishes.
I therefore doubt that the father would make any such application to the court - he would be wasting his money and in any event the father would have to make a referral to mediation before he could apply to court otherwise his application would be rejected.
Even though the father may not be seeing your children he would still hold his parental responsibility and thus be entitled to school reports. I know that it's not what you want to hear but the courts are very unlikely to rem
Expert:  ukfamilysolicitor replied 2 years ago.
Sorry pressed answer by accident .... Continuing ....
Expert:  ukfamilysolicitor replied 2 years ago.
Even though the father may not be seeing your children he would still hold his parental responsibility and thus be entitled to school reports. I know that it's not what you want to hear but the courts are very unlikely to remove the fathers parental responsibility.
In short whilst he is going to be entitled to receive school reports - the children are not going to be made to see him if they don't want too.
Please do ask if I can clarify anything for you.
Kind Regards
Caroline
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Customer: replied 2 years ago.

My daughter has stated that her father has behaved inappropriately (sexually, although mild) towards her which her father, my 14 year old son and the school are aware of. The children and I did not want to take out in court as it would be traumatic as her father denies any inappropriate behaviour. Is court route the only option?

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
I am very sorry to hear that.
Court is the only option to try and remove his Parental Responsibility although even in the most horrid cases - PR is normally retained.
If the dad try and collect the children from school - then a prohibited steps order should be obtained from the court to prevent him from doing so.
Kind Regards
Caroline
Customer: replied 2 years ago.

Sorry, one last question/ comment: I will email their dad asking him to remove his contact from school as per the children's wishes.

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
It's worth a go.
You could also try mediation - although I'm cautious that you raising such issues with him might trigger him to ask to see the children - but you will know his likely reaction more than me.
Kind Regards
Caroline
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