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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33301
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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following a residence order being granted without being present

Customer Question

following a residence order being granted without being present and a non molestation order I have been invited to a hearing in county court. The mother has made allegation of battery including a glass throw at her face causing facial scaring. There is also an allegation that the child was witness to verbal abuse.

Question what will the court do if I do not challenge the allegations in terms of further prosecution in respect of domestic violence.

Question if this is passed to CAFCAS implication for a child care worker.

Question likelihood of having unsupervised contact with son in the future
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.
How old is the child and have there been ay criminal proceedings?
Clare
Customer: replied 2 years ago.

no its going before family court the wife has made a statement of violence against her no charges made by the court when the court read the allegation and it is found to be proven will they reffer to CPS if defentant admits charge what would likely sentence be father of previous good history a social worker in fact. but was taking drugs after wife admits adultery. child is 7 yeras old only present by meaqs of being present when in home hearing shuting from bedroom.

Customer: replied 2 years ago.

will it go for prosecution if wife does not want to press a charge

Customer: replied 2 years ago.

thats the main question if defendant make no response and does not challenge residency order will he be prostituted if wife does not wish it if charged llikley outcome if of previous good carrictor hard working father of 11 years only broke is control when wife admits multipal affairs .

Expert:  Clare replied 2 years ago.
Hi
Did the incident - or a version of it - happen?
Will the father agree to a Residence Order?
Clare
Expert:  Clare replied 2 years ago.
Hi
The Court will not take any action whatsoever
It i sup to your ex whether she choses to report the matter to the police or not
However the fact that the a Non Molestation Order was made against you WILL show up on an enhanced DBS check
Once you can show that you are drug free then there is no reason why the contact should not go ahead although it is likely that it may have to begin in a local contact centre
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Court will not take any action whatsoever

Expert:  Clare replied 2 years ago.
Hi
The Court will deal with the case in front of it
If you do not defend the matter then the Order will stand
The Court will not refer the matter to the CPS - it is not their function to do so
Clare

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