Ask a Family Law Question, Get an Answer ASAP!
Hi, thank you for your question. Prior to the investigations what were the arrangements for you to see the children?
Thanks for confirming. Legally the children have a right to a relationship with you which can only reasonably be restricted if there are welfare or child protection concerns and given there is still outstanding police investigation regarding one of the serious allegations I am afraid that for the time being she has grounds to restrict contact. However, if the police NFA the matter I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:
1. The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedings
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you,
Unfortunately as there is an outstanding police investigation against you, despite there being no current children services involvement the mother has a good argument to prevent contact and your only recourse would be a court application. If you were to pursue a court application the court will allocate a CAFCASS officer to do background checks and it will flag up you have an outstanding police investigation which has a child protection risk and a court will likely only allow supervised contact until at least the police conclude their investigation and it is NFAed