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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex husband is trying to make me leave my son with him but

Resolved Question:

My ex husband is trying to make me leave my son with him but i dont want too. Hes just been found guilty of trying to have sex with a 14 year old. But it was proven to be caused by depressen.is there anything he can do if it gose to courts?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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 your son and what have Social Services said about contact?
Clare
Customer: replied 3 years ago.
my son is 4 years old and all i got from the social sevices services was a a letter saying the case is close and i got that before he was guilty.
Expert:  Clare replied 3 years ago.
Hi
What contact does he have at the moment?
What is he asking for?
Clare
Customer: replied 3 years ago.
hes saying if i dont get back with him he wants my son to live with him because hes looked after him most of his life as i work. He sees him once or twice a week.
Expert:  Clare replied 3 years ago.
Hi
How long have you been apart and what did Social Services actually say about contact?
Clare
Customer: replied 3 years ago.
we have been apart from 2nd jan and at the time they said that he can see him with supervison it was part of his bail conditions..but hes aloud now without supervison.
Expert:  Clare replied 3 years ago.
Hi
Have you spoken to them since the conviction?
Clare
Customer: replied 3 years ago.
if u mean the social services then no but if u mean my ex then yes because of my son.
Expert:  Clare replied 3 years ago.
Hi
I mean Social Services as in the light of his conviction I suspect that they will have clear views on what contact your son should have with his father and you need to have a clear idea of their expectations.
It is highly unlikely that they will be willing to agree to overnight contact until they have done a full risk assessment.
You should speak to them before making any offer of contact - and then negotiate with your ex using Family mediation (www.familymediationhelpline.co.uk)
If your ex should apply to the court he will find that his conviction makes any chance of a Residence Order in his favour almost impossible.
I hope that this is of assistance - please ask if you need further details
Clare
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