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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I have a residency order, a prohibitive steps order and a restraining

Customer Question

I have a residency order, a prohibitive steps order and a restraining order after my ex was convicted in a criminal court of domestic violence. He received a four month suspended prison sentence and community service. However I just learned that his barrister is applying for residency. Do judges often overturn previous orders and ignore criminal convictions for domestic violence as his barrister said today it is not relevant.
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 the child and what contact does she have with her father?
On what basis is he applying for Residence?
Clare
Customer: replied 3 years ago.
Hi Clare
She is ten, and his barrister said escalating concerns for my mental health, but I don't know where they got that from, they were only asking for contact but suddenly they have changed their minds and gone for residency
She last saw him a year go and made it plain to cafcass she does not want to see him because she witnessed his behaviour.
Expert:  Clare replied 3 years ago.
Hi
What evidence do they have regarding your Mental health (if any)
Clare
Customer: replied 3 years ago.
Hi
None that I know of
Customer: replied 3 years ago.
I missed a cafcass appointment which was a mistake and they are harping on that, although I did re book and attend
Expert:  Clare replied 3 years ago.
Hi
Has a CAFCASS report been prepared?
Clare
Customer: replied 3 years ago.
Yes but none of us has seen it yet
Expert:  Clare replied 3 years ago.
Hi
When is it due?
Clare
Customer: replied 3 years ago.
Within 7 days
Expert:  Clare replied 3 years ago.
Hi
What was the hearing today about?
Clare
Customer: replied 3 years ago.
Directions for the final hearing
Expert:  Clare replied 3 years ago.
Hi
Despite the fact that the CAFCASS report is not due for another week?
How long have you known the date of the Final Hearing?
Clare