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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
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 would like to know about the child contact I had a

Customer Question

Hi
I would like to know about the child contact
I had a child contact for the past 5 years (two days every fortnightly) which was ordered by the court.
Recently mother complained that child got smacked on her face by me and they complained to safe guarding team who did initial assessment and suspended my contact without investigating anything or forwarding this case to cafcass.
I never hit my child and I love my daughter who is 7 years old. It has been two months and I could not see her. I really want to meet my daughter and without her I am getting severe anxiety.
Kindly explain to me the procedure how should I get contact gain and how long would it take?
Thank you for your co-operation in advance.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information first?Have you actually spoken to the safeguarding team?Clare
Customer: replied 1 year ago.
Yes. They called me first to inform that they have received a complain.
They said they will pause the contact. I agreed. After a week a received a call that they suspended my contact as they spoken to my ex wife and also child. Child is not willing to see me. I smacked her because of her learning.I replied that I never hit her and I don't teach her. She has been learning online tutors for 30 mins. Saturday and Sunday morning.She has been attending these classes for the past one year. In addition, I told them that I live with my family. Currently I live my wife and have 2 years old child.Person said to me that he has suspended my contact based on this initial assessment and I should seek for legal advise. He never sent me any correspondence in respect of contact has been suspended.I need to know whether I would get contact?How long would it take?What documents I should produce?I never stopped my child Maintenance. I am paying regular. I also help my ex regarding her school uniforms etc. I have kept my daughter happy and took her numerous places during our contact. I have photographs.
I am not violent person and my whole family and friends are willing to give references letters.Please let me know if you need any more information.Many Thanks and Regards
Expert:  Clare replied 1 year ago.
When was the latest Order made?
Customer: replied 1 year ago.
Last ordered was made in 2011
Expert:  Clare replied 1 year ago.
HI
Does it have wording on it that warns that a breach is punishable?
Clare
Customer: replied 1 year ago.
No.
It says I can't remove a child abroad.No can change her name.Noting specific which can go against me but I will read that in more details.I am pretty sure there were no such words punishable or warnings.
Customer: replied 1 year ago.
It was simple directions to move forward and agreement between parents.
Expert:  Clare replied 1 year ago.
Hi
Did it have a "warning notice" - usually in bold type at the end of the order
Clare
Customer: replied 1 year ago.
Hi Clare.
Sorry for late reply. Actually I am at work.My contact started sometimes in 2011 at contact centre but finalised and overnight stay contact commenced as from 05/09/12.I have attached the copy of contact order for your review.Many Thanks and Regards
Qaiser
Expert:  Clare replied 1 year ago.
I can see the warning Notice is on the Order.You have two possible ways forward.You can apply to enforce the existing Order - using a form C79 available herehttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/c079-eng.pdfAlternatively you can apply Your ex will no doubt claim that she has only stopped contact on the say so of Social Services and then there will have to be a reportfrom either Social Services or CafcassAlternatively you can apply for a new Order using a form C100 but I am afraid that this will still lead to a report being neededI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Thank u v much indeed.
This was useful information.I would like to know c79 does not show any box where I can request to the court to reinstate my existing contact.In addition
Which other documents I would be required to submit?Do I need to prepare any statement
To declare that why actually my ex has reported the safeguarding or wanted to stop the ongoing regular contact?Can I request the court to amend the contact if I want to take my child for a holiday such as Disney land etc. This might not b suitable in this contact or apply in the near future.Apart from that
Would I require references letters from people such family and friends
Regarding my behave and character.A letter from a GP in respect of my health and depression due to this sudden stop of contact with my child.Also I can be referred to a private psychiatrist to do the assessment for my depression.In the past I paid almost £26000 legal fee in order to get contact with my child. She was on legal aid.
She put numerous allegations in the past and I challenged and it was proven wrong. Now I can't afford to pay again this much.Finally, do you help or review the case or prepare final version to submit the file in the court if I represent in person.
For example if I gather all the documents and prepare draft statement and complete the form etc if I require your help to review and amend in legal terms or guide me what to discuss in the court etc.How much would it cost me?I will look forward to your fruitful guidance and the level cost if you review the docs for me.Many Thanks.
Qaiser
Expert:  Clare replied 1 year ago.
The whole point of the C79 is to reinstate the contactIf you wish to amend the contact then you should make a new applictaion on a form C100 insteadYou will not need letters or reports at this stage - just a simple positions statement setting out what you are asking for - and yes I am happy to review it!Clare
Customer: replied 1 year ago.
Many Thanks.
I will get back to you by this weekend once I have done the form
and position statement.Should I contact you here or any other email to forward the docs.
I would b grateful if you assist me with this matter and I would be happy to pay the legal cost.Kind Regards.
Expert:  Clare replied 1 year ago.
Hi
Try here first!
Clare
Customer: replied 1 year ago.
Many Thanks
Expert:  Clare replied 1 year ago.
Hi
You are most welcome - I hope all goes well
I am sorry to ask but if you do not give a positive rating I do not get my share of the fee!
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
No problem at all.
I will give the best feed back.
Regards
Expert:  Clare replied 1 year ago.
Hi
Many thanks
Clare

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