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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My sister lost her child to the father 3 years ago but has

Resolved Question:

my sister lost her child to the father 3 years ago but has PR. She has not been allowed by the father to call, or write to the child and neither have other members of the family.
Just before the court case the paternal grandmother purchased a house - which the son moved into with the child following the court decision. We starting looking into getting visits for mum who was devastated by the situation but we were advised it would be very costly.
During this discourse there was a letter from the father stating that he had no intentions of allowing access to the child (now almost 11).
We have now found the home the child lives in up for sale (as of 1st July this year). The father has failed to advise the mother of his intentions to move and contact with the school in the past has been hopeless.
Is there a formal procedure to follow to find out where he plans to move the child?
Thank you in advance for any advice you are able to offer.
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Why was the child placed with her father?

What is the problem when mum contacts the school?

Customer: replied 10 months ago.
They made a case because my sister was drinking
The school has refused to contact her directly regarding photos and school reports stating that the only way they do this is to give the photo request forms to Natasha to take home. Ditto the school report. Its then up to the dad to provide these - we have had one picture and two reports in 3 years and these were sent to my mother.
Customer: replied 10 months ago.
It was rather disgraceful that the social workers managed to get hold of information from police records of a case of alleged theft of a bottle of shampoo from Asda when my sister was nine! Is there a case against them for this ridiculous intrusion (my other sister was there and actually had the receipt for a bottle of shampoo there as they were changing it for mum?)
Customer: replied 10 months ago.
Ps - I am embarassed by all of this as I work as a normal person for the NHS and have an enhanced DBS.....
Customer: replied 10 months ago.
are you still there Clare?
Customer: replied 10 months ago.
What is happening? I havent got an answer yet - please can you tell me what is going wrong?
Customer: replied 10 months ago.
Dear ClareI have asked for a refund as you provided no information at all.Kind RegardsJulie Stephens
Expert:  ukfamilysolicitor replied 10 months ago.

Dear *****

Welcome to Just Answer

I am a Solicitor and will assist you.

I am sorry that it appears that my colleague is not available to assist you.

I am very sorry to hear about the difficulties that your sister is experiencing.

I can confirm that I have read the question and response so far and I would like to ask - was an order made by the court that your sister should have no contact at all with her son?

Has your sister dealt with her alcohol issues?

kind regards

Caroline

Customer: replied 10 months ago.
Hi Caroline,Thank you for your reply.
Yes, the court order stars that she and the family should have contact through mutual arrangement
We have a letter from the father through our solicitor though which states he won't allow any direct contact. No phone calls either
Yes sister addressing issues but I doubt she will ever give up complex
She is. Huge amount better thiugh
Customer: replied 10 months ago.
We have just completed a C100 form for a prohibitive order
Expert:  ukfamilysolicitor replied 10 months ago.

Dear *****

thank you for your response.

Customer: replied 10 months ago.
Sorry - predictive text a Nighmare
Expert:  ukfamilysolicitor replied 10 months ago.

It is very unusual for a court to make an order for no contact at all - the court must have believed that there were serious welfare concerns at the time

Expert:  ukfamilysolicitor replied 10 months ago.

all things being equal - it is normally the courts position that children are entitled to a good relationship with both of their parents

Customer: replied 10 months ago.
No - the court did allow contact
It's only the father who won't
Expert:  ukfamilysolicitor replied 10 months ago.

then it is important that your sister returns matters back to court asap

Expert:  ukfamilysolicitor replied 10 months ago.

You can ask for a prohibited steps order to prevent any move - but your sister also needs to be asking for a child arrangements order to confirm the time that she can spend with her son

Expert:  ukfamilysolicitor replied 10 months ago.

This is both on the same form - the C100 form that you have

Expert:  ukfamilysolicitor replied 10 months ago.

your sister is going to have to refer to family mediation first

Customer: replied 10 months ago.
I agree
Poor thing has been too scared of the father as she's afraid of him - he's highly manipulative and a sociopath
Expert:  ukfamilysolicitor replied 10 months ago.

this is a new rule. If this isnt done then the court can reject the application. There are lots of family mediation services and there will be one local. Just google family mediation in your area and give them a call to get the ball rolling. If mediation doesnt work or the mediator thinks its not appropriate - they will sign the form so your sister can apply to court

Expert:  ukfamilysolicitor replied 10 months ago.

I am sorry to hear this

Expert:  ukfamilysolicitor replied 10 months ago.

has he been abusive towards her in the last 5 years - either physically, emotionally or financially?

Expert:  ukfamilysolicitor replied 10 months ago.

If so - she may be able to get legal aid and a solicitor to help her.

Expert:  ukfamilysolicitor replied 10 months ago.

she would need domestic violence evidence to do this.

Expert:  ukfamilysolicitor replied 10 months ago.

If he hasnt been charged with an offence - then her best option would be to go to her GP and explain his behaviour towards her. If her GP is satisfied that your sister has suffered with a condition such as stress as a result of his behaviour and they fill out this template letter - then your sister should take this to a legal aid family solicitor so that they can help her

Expert:  ukfamilysolicitor replied 10 months ago.

https://www.gov.uk/government/publications/give-evidence-of-injuries-consistent-with-domestic-violence

Expert:  ukfamilysolicitor replied 10 months ago.

They will also check your sisters means for legal aid - this link will help you understand if she will qualify:

https://www.gov.uk/check-legal-aid

Expert:  ukfamilysolicitor replied 10 months ago.

In reality - as it is has been such a long time since she has seen her son - contact will need to build up slowly - at her sons pace. You sister can also ask the court to investigate any concerns she has including his inability to promote contact and if he is moving.

Expert:  ukfamilysolicitor replied 10 months ago.
let me know if I can assist you further - I am just nipping out but will be back later Kind Regards Caroline Please kindly remember to star rate our service so that we receive credit for helping you today
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
Thanks Caroline, I think I have enough to go on for now thanks.
Expert:  ukfamilysolicitor replied 10 months ago.

your welcome - dont hesitate to ask if I can help you further.

Its better to do all of this now - the longer it is left the harder it all becomes and it is important that your nephew knows his maternal family and his mum.

Kind Regards

Caroline

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