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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife and I are in the early stages of divorce and she is

Resolved Question:

My wife and I are in the early stages of divorce and she is denying me access to see our children (twins, boy and girl aged 5) unless it is supervised. I was arrested on 20th Sep 2016 for child abuse, criminal damage and alleged rape from 15 years ago. The first two charges have been investigated by Norfolk Child Services (NCS) and the police who have stated them as NFA, while the NCS have closed the case. The 3rd charge is still under investigation by Combs Police. I have not seen my children since the morning of the 20th. I have been taking anti-depressants for stress anxiety for the past 5 years. Does she have the right to deny me access and insist that the visitation is supervised. I am unaware if she has any formal medical evidence to support this requirement.
Please advise as I will be in the area on Wednesday 19th and wish to meet the children from school.
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.

Hi, thank you for your question. Prior to the investigations what were the arrangements for you to see the children?

Customer: replied 9 months ago.
None as we were living together until the day of my arrest.
Expert:  Harris replied 9 months ago.

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 concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. 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,

Customer: replied 9 months ago.
The bail conditions for the rape allegation are no contact directly or indirectly with my wife. The other 2 charges are NFA and there is no open case with child services. Surly this means that I can see my children or does possession equal 9/10 of the law?
Expert:  Harris replied 9 months ago.

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

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