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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33307
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have recently been to court and represented myself in obtaining

Customer Question

I have recently been to court and represented myself in obtaining a contact order and parental responsibility order. My ex partner agreed to both without a fight. My ex also applied for a Resisdence Order to which I didnt object to.

A couple of days later I got served an unsealed Notice of Acting which says that my ex has the funding to 'Make an application for an injunction under Part IV of the Family Law 1997' a 'Prohibited Steps Order' and a 'Residence Order'

I understand the Residence Order but not the other 2. My ex has confirmed in court that there was no violence in our relationship, I have not contacted her in over 6 months nor been to her house.

The notice of acting was dated 4 days before our court appearance. My question is, is this something that her solicitor would of had in place in case both parties were not amicable? or, is this a statement of intent that the applications are going to be made?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Have you threatened to take the child away, even on holiday?

Did that solicitor represent her in court?

Expert:  Stuart J replied 3 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.


How old are your children
Customer: replied 3 years ago.

Hello, thank you for your reply.


 


My daughter is 9 months old. I have had no contact with her for 6 months due to waiting for the Directional Hearing.


 


When my ex left, she was 3 months pregnant, suffering with Bi Polar and was associating with undesirables. I said to her mother that if she was going to continue behaving like this when our daughter was born, I would be forced to go for custody.


 


Because my ex-partner is Bi Polar, I believe she was worried that I wanted sole residency. I explained in Court that I was happy for our daughter to live with her mother as assurances were made that she is receiving the appropriate treatment. A residency order was made in favour of my ex-partner.


 


However, in the CAFCASS report, my ex-partner made accusations of harassment that she said happened over 6 months ago. To cut a long story short:


 


I asked my ex-partners mother when my ex was planning to sign the Birth Certificate (BC), she said she did not know (ex and mother very close) WE WERE ON GOOD TERMS.


 


I found out the BC had been signed without me 2 days after I asked;


 


I tried to contact my ex and her mother for an explanation, with no joy, so both my family and I tried again;


 


The police were called by my ex with the accusations;


 


The police informed me that it was not a police matter, they had read the messages and they were not aggressive or threatening but actually showed concern and advised me to go down the legal route, which I did.


 


I have had no contact with her or any of her family in 6 months, only through solicitor’s letters.


 


Any ideas?

Customer: replied 3 years ago.

Yes, that Solicitor's firm did represent her in Court

Expert:  Stuart J replied 3 years ago.




I am going to opt out of this for another expert.
The thread will now open to all experts. There is no need for you to do
anything and please don't not reply otherwise it comes back into my inbox. Another
expert, with the suitable expertise, will be along shortly.


. It could be in a few minutes or it may be later today.

Regards


Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
Please do not worry.
I dare say that your ex told her solicitor the same story of harassment that she told CAFCASS and her solicitor made his application for legal funding to cover applications to protect her if need be
Since matters now appear to have been agreed there is not likely to be any further applications at all
I hope that this is of assistance to you please ask if you have further queries
Claire

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