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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Family Court in Brighton has asked me " the Respondent" to

Customer Question

Family Court in Brighton has asked me " the Respondent" to file a position statement dealing with the issue of leave to apply.
The Mother "the applicant" has applied for leave to apply to listed for directions .
The Mother wants her child to move back with her and therefore change the orders from
2014-15.
I am note sure what "the issue of leave" means. Could you help me please.
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 firstHow did the child come to live with you?
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Court case , the Judge decided the mother was too ill (mental illness) and Social Services asked me to take the child.
Customer: replied 1 year ago.
In the 19th months Emily has been with me she has acquired social skills, has made numerous friends a school, has met
a great number of my family in France, has been to Poland to see her grandfather, and improved her Polish language by
learning all the polish prayers in church and talking to polish people afterwards. She has been given a prize for "Perseverance
and effort" at school. She is happy and settled and on that basis I see no need for her to go back to her mother
Kamila on the other hand has failed to attend the meetings arranged by Social Services in their centre. Emily and I went to those meetings and after 35 minutes were told we go home. Emily was then crying and saying " mummy does not care"
Emily is very angry with her mother and unless Kamila agrees to come to the meetings that Charles (her father) organises every month, I do not see how Emily could ever go back to her mother. From her e-mails we can tell that Kamila is still very ill and
afraid of crying if she sees Emily.when after 35 minutes
Expert:  Clare replied 1 year ago.
Okinstead try:-1. I do not believe that the Court should give leave for Application to go forward at this time.2. The Applicant has failed to attend the Contact meetings arranged by Social Services which has caused Emily substantial distress3. The Applicant has sent a series of emails which show that she is still not entirely well and she speaks of crying if she sees Emily4. E has settled and is doing well in school .5. There is no basis on which an applictaion at this stage will be of benefit to Emily. If the applicant does wish to change the current arrangements then she first needs to show an ongoing commitment to Emily by attending Contact.You can find out how it should be set out here at the end of the articlehttp://www.family-law-advice.foxrobinson.com/wp-content/uploads/2013/09/Position-Statement-Guidance.pdf

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