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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33801
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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My son has problems with ex girlfriend , they have a daughter

Resolved Question:

My son has problems with ex girlfriend , they have a daughter together now 3 years old , the girlfriend has cut my son out of daughters life and has threatened to accuse him of vilocence and rape of her if he uses the courts to gain access to his daughter , their has been no occasions of the police being called or any history of vilocence or any other offences , what can we do ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
I would suggest that as she is not appearing to be amicable, that your son considers issuing an application to Court. I understand that she is making threats to allege domestic violence and rape, however he should consider pursuing the application and not contacting her directly to prevent any possible allegations. Before proceeding with a court application he will need to attend an initial mediation information and assessment session to see if mediation is suitable. If he explains the threats of allegations, the mediator is likely to certify that mediation is not suitable and he will then be able to pursue the court application under form C100 to his local family court. You can find local mediators here: familymediationcouncil.org.uk
If he does not wish to pursue an application to court, he can request a solicitor deal with this on his behalf and write to the mother to make arrangements for contact - however, these arrangements will not be legally binding and I would suggest that he does consider pursuing the court route, despite the threats she has made - as any court order would be binding and he will be able to pursue enforcement proceedings for non-compliance.
Please let me know if you have any further questions regarding this.
Customer: replied 1 year ago.
Yes great but you haven't given an opinion on how the unfounded rape and domestic violence accusations will be dealt with ?
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I have been a family lawyer for more than 30 years.It is not unusual for such accusations to be made within children applications - whether at the beginning or indeed half way through - but the fact is that even if there has been violence against the mother is does NOT mean that there is no contact with the child - something many mother's do not realise!Your son need to attend a Mediation Information and Assessment meeting - and his ex will be invited to attend one as well.Your son should make it clear that whilst she has threatened to make these allegations he would prefer to mediate if at all possible - this is important as it alerts the mediator to what allegations might be made, but ensures that it is clear that you son remains willing to talk.If that fails then he can apply to the court for a Child Arrangement Order using a form C100 available herehttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdfThe fee is £215.If the mother repeats the allegations then the starting point will be for enquiries to be made about any history of police reports - if she persists then there will be a "Finding of Fact" hearing at which the court will listen to all the "evidence" (or lack of it) and make a decisionEither way some form of contact will be proposed to maintain the relationship between father and child.The process will take time - and it is important never to refuse contact even if he is not happy with the offer - be it a Contact centre or whateverClare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33801
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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