How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33538
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

hi my ex partner has a court order to see his daughter 12-4

Resolved Question:

hi my ex partner has a court order to see his daughter 12-4 every Saturday. in the past we have both worked around each other if one or the other can't accommodate. However last week I told him I am in a new relationship and he threatened aggressive behavior and threatening messagesto me and my new partner. I did go to the police to report this and the pick up was done as one off at the police station. my partner ha a history of drugs and alcohol and the reason the visits are supervised are because he failed to do the drugs and alcohol test. the visits are to be supervised by his sister or brother in law-this clearly states in the court order. when he picked his daughter up from the police station he said his brother is in the car so when me and the police officer went we found he was lying and it was an unidentified female. the police logged this but they said they have no enforcement over this I have to go back to court. obviously I work so it will cost me. I was wanted advice where I stand with this and if I wanted to do it myself how do I go about it and can I stop his access from this Saturday due to him breaching the court order. Also he has a terrible history on police records of drugs alcohol drink driving forgery and assault.
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 all the visits to date been supervised?
Clare
Customer: replied 2 years ago.

the child is 4 years old and yes all the visits have been supervised by either his sister or his brother in law for the full time as far as I under stand. they pick the children from my house and then the 4 hours are supevised

Expert:  Clare replied 2 years ago.
Hi
If you are sure that it will be properly supervised are you still happy for contact to go ahead?
Clare
Customer: replied 2 years ago.

he is a fantastic father but he is a control freak. I have told him I am in a new relationship and he went ballistic told me he wont let his daughter have another father he will do anything to avoid another father. my fear is he might manipulate my daughter into saying that I hit her or my new partner is indecent. Im scared he might make false allegations on us to make my life difficult.

Customer: replied 2 years ago.

I want contact to be at a supervised day centre where he cant manipulate her.

Customer: replied 2 years ago.

I have been waiting since 10 in the morning for this reply. I am very dissatisfied with the service

Expert:  Clare replied 2 years ago.
Hi
My apologies I was offline for most of yesterday - and since we are working lawyers it is not always an instant service during the week.
In terms of the immediate situation you should make it clear than unless his sister collects the child in future there will be no contact - no more agreements to collect at the Police Station or anywhere else - just his sister or no one.
In terms of your ongoing concerns and wish to move the matter back to a Contact Centre whilst I understand your concerns about false allegations it is not enough to persuade a court ay this stage
If - or rather when - he tries to collect the child himself again; or if your daughter repeats comments that he makes to her ( do not question her - it will worry her and she will say nothing. If you simply wait then over the week she will tell you - or even her nursery teachers) THEN you can apply back to the court.
The first step is to arrange for Mediation (ask for shuttle mediation) to discuss what is in the best interests of the child.
When that fails you can apply to the court to vary the Order using Form C100 available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
The fee is £215
You can read more here
http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
https://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

what is mediation??? is it free????

Expert:  Clare replied 2 years ago.
Hi
You can read about mediation here
http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
It is a way of helping you discuss matters safely
Legal Aid is still available for family mediation
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33538
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice