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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi i find myself in need of some legal advice, i have a daughter

Customer Question

Hi
i find myself in need of some legal advice,
i have a daughter of 2.5 years old, she lives with me but sees her father twice a week on thursdays and saturdays 10am-5pm.
i constantly get threats from him and was in the process of getting a nomilistation order against him, but was told we may not win in court due to lack of evidence as he has not actually carried out his threats, instead he was served with a harsh letter to leave me alone, this did not last very long and now things are the worst they have ever been,
This week my daughter had 3 bruises on her leg in the shape of fingermarks which she obtained at nursery, i explained that to her dad upon questioning me and although i have not been outright acused he has implied that i have done that to her, he told me last night that if she ever has a XXXXX XXXXXke that again he will take her and not return her. im really worried, being that shes 2.5 and she attends nursery these are not going to be the only bruises she gets in life. If i send her to him on his day to have her and he notices a bruise im worried i may never see her again because of his threats.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have there been any court orders regarding residence or contact.
Did the nursery explain how the bruising happened?
Clare
Customer: replied 2 years ago.


There are no court orders in place, he is not on the birth certificate or have parental responsibility.


The nursery explained she had a scrap with another child over a toy.


I cannot be 100% sure these bruises were caused at nursery but it seems the only explanation

Customer: replied 2 years ago.
Relist: Other.
No answer received
Customer: replied 2 years ago.
Relist: Other.
No answer received
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay - I was in meetings all afternoon and late into the evening
Just to check - doe she have any links abroad?
Clare
Customer: replied 2 years ago.
No links abroad
Expert:  Clare replied 2 years ago.
Hi
Since he does not have Parental Responsibility if he does ever refuse to return the child you can ask the Police for help in doing so.
If he actually applies to the court for an Interim residence Order based on Bruises then so long as you can account for the bruises and they are in the usual areas then you have nothing to worry about - and can instead ask the court to grant YOU a Residence Order to prevent any further harassment like this
You may find this leaflet helpful https://www.nspcc.org.uk/Inform/publications/downloads/bruisesonchildren_wdf48018.pdf
Please ask if you need more information -
Clare
Customer: replied 2 years ago.
So should I send her as normal to him, or stop him having her on the risk he may not bring her back?
Expert:  Clare replied 2 years ago.
Hi
Has he ever kept her before?
Clare
Customer: replied 2 years ago.
No but he has threatened it numerous times
Expert:  Clare replied 2 years ago.
Hi
Then no you cannot simply stop contact until he actually does do it
What you need to do is try and discuss matters with your ex using Family mediation (www.familymediationhelpline.co,uk)
It may be that an agree ment that he will consent to a Residence Order if you agree to him having Parental Responsibility may settle things down
Clare

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