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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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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Does a father who is on remand have a right to see his children

Customer Question

Does a father who is on remand have a right to see his children when the mother refuses. The children have a close bond with the father and the eldest who is 12 wants to see him.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat is the father on remand for?
Customer: replied 1 year ago.
Supplying immitation firearms
Expert:  Clare replied 1 year ago.
What ocntact did he have before being arrested?
Customer: replied 1 year ago.
He saw them 3 to 4 days a week they spent weekends with him and most holidays
Expert:  Clare replied 1 year ago.
Was there a Court Order involved?
Customer: replied 1 year ago.
No
Expert:  Clare replied 1 year ago.
How long is the father likely to be on remand?
How old are the other children?
Customer: replied 1 year ago.
Court date is in beginning February. Two children aged 7 and 12
Expert:  Clare replied 1 year ago.
The law says that children are entitled to contact with both parents and the courts will enforce this if necessary.
There is no absolute rule that children should not visit parents in prison - but the only way that the father can force the issue is by making an applictaion to the court - which is unlikely to be swift.
However the father is still entitled to make the applictaion - even on remand
I hope that this is of assistance - please ask i fyou need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help we will make the application to the court
Expert:  Clare replied 1 year ago.
You are welcome - I hope all goes well