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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 894
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Split with partner, our baby is 14 weeks old, ex Is

Customer Question

Split with partner, our baby is 14 weeks old, ex Is demanding overnight access, I have given day access, he says he has the right to keep her without me saying so is this correct?
Also his sister is staying in the home who has recently had 3 children taken into care so is my child aloud to sleep there, I don't know the reason for them being taken, he is very insistent on this, I'm very vulnerable, I'm very unsure of what's ok here. Thanks
Submitted: 1 month ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I am sorry to hear about the difficulties you are experiencing.

Please may I ask:

- do you have any concerns about how the father would care for your child or how he has previoulsy treated you?

- have you raised your concerns with the father about his sister and asked him to clarify why her children were removed?

kind regards

Caroline

Customer: replied 1 month ago.
I have asked about what happened with sister he said he didn't know, and she was also unable to collect her nephew from school and isn't aloud to be alone with children, as for him, she is 14 weeks old, he didn't wake with her when it was his said night s to feed I had to wake him or do it myself, he left her in a bouncer and fell asleep in chair she wasn't buckled in, he's never been left alone with her, he is constantly harassing me by phone and text to have this coming Friday and I'm not comfortable with this, he's been lying to me / family and employer to the point they have said he no longer has a job, I'm just not very trusting with him, I feel when I tell him this he will not return her when he has access,
Expert:  ukfamilysolicitor replied 1 month ago.
Hello Thank you for your response. Please do accept my apologies for my delay in responding to you as I was not available yesterday evening. I am very sorry to hear about the current situation. Your child is very young and you have a duty to safeguard your child. I am concerned that there appears to be an adult in the house that poses a safeguarding risk and that the father has been harrassing you, which is only going to make you feel more anxious. I consider that the best option for you - given that there is no agreement between you at this stage is to hold your ground and do not allow the overnight contact at this stage but to be guided by professionals using the courts to assess what the risks are and what time your child should spend with their father. The courts do consider that it is important that children have a relationship with both of their parents as long as it safe to do so. I note that you have not been opposed to contact but given your child's young age and the inappropriate adult at the house you have reservations and therefore I do consider that it is best that you consider applying to court in relation to seeking a Child Arrangement Order. This is an order to confirm with whom your child will live and with whom they will spend time with. Before you can go to court you should refer matters to mediation. If you do not do so then the court will reject your application. The first thing you need to do is ring the local Family Mediation Service in your area. Mediation will try and help you both come to agreement about with whom your child should live and with whom they should spend time with. You should raise your concerns so that everything can be discussed. If the father wont engage in mediation or mediation is unsuccessful at reaching a resolution then you should apply to court for a Child Arrangements Order. The court will make enquiries into your concerns and determine what is safe. The court form is this one (C100): https://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2253 You send the completed for to your local family court. There is one court fee for these proceedings - £215 - payable when you issue proceedings. You can ask the court to consider your circusmtances to determine whether this fee can be waived/ reduced. The court will ask a Children and Families Officer (Cafcass) to speak with you prior to the first court hearing so that they can report on what they consider the risks to be and any further information the court might require. You will not be disadvantaged from acting in person in these proceedings - it is quite common given the recent legal aid cut backs. The Judge will make sure that you understand the process. kind regards Caroline Please kindly remember to use the Star to star rate our help. Once you star rate positively your question will remain open and I will be able to answer all of your follow up questions for free.
Expert:  ukfamilysolicitor replied 1 month ago.
I note that this question remains unrated - Please do kindly remember to star rate. When you star rate your question remains open and I can answer your follow up questions for free.