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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34280
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Im due in court and have a few criminal offences we are going

Resolved Question:

I'm due in court and have a few criminal offences we are going to court because my gilfriends ex boyfriend is taking us because my ex has a non malastation prder on me which is soon to thrown out my probation worker has said I am a low risk but I had a bit of trouble a few years ago and three lads with machetes come in my house and threatend my girlfriend and kids! Now the court seem to be going in the direction of either making my girlfriends son love with his dad or for me and her to break up but we also have a soon together! And was wondering if they could do this?
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 do you mean that the child's father has applied for an order that the child lives with him?
Clare
Customer: replied 3 years ago.
Hi yes the father has made that application
And he is 7! And now his application is for his son not to live in the same house as me because he says it's unsafe
Expert:  Clare replied 3 years ago.
Hi
Are Social Services involved at all?
Clare
Customer: replied 3 years ago.
Yes they will be doing a report also along with Cafcas and my probation but they are basicly saying either me and my fiacie break up or the father gets the child
Expert:  Clare replied 3 years ago.
Hi
Just to check - this is an application brought by her ex - not by Social Services.
Where is the child living at the moment?
Clare
Customer: replied 3 years ago.
Yes it has been brought on by her ex
The child along with my girlfriend lives at her mothers
Expert:  Clare replied 3 years ago.
Hi
May I ask - do you have a criminal record or the record of drug or alcohol abuse
Clare
Customer: replied 3 years ago.
No abuse but I was involved in canabis cultivation but that was two years ago and I've never been in trouble since
Expert:  Clare replied 3 years ago.
Hi
When was the machete incident?
Clare
Customer: replied 3 years ago.
15th of June
Expert:  Clare replied 3 years ago.
Hi
Right
When are the reports due to be completed?
Clare
Customer: replied 3 years ago.
The 7th of August they need to back by but my probation is all good
Expert:  Clare replied 3 years ago.
Hi
What has happened to the men who assaulted you?
Have Social Services threatened to take action at all?
Clare
Customer: replied 3 years ago.
No they havnt been out yet! There was 3 men and 2 have been arrested
Expert:  Clare replied 3 years ago.
Hi
So at the moment no one has actually said that your partner will lose the child to her ex?
Clare
Customer: replied 3 years ago.
Well she has a solicitor and he has said if she stays with me then it's very likeley because they are saying I'm a danger?
Expert:  Clare replied 3 years ago.
Hi
Why exactly did these men come after you?
Clare
Customer: replied 3 years ago.
Money to be honest when I got done for cultivation I think a few people thought that I had money off it! And because I have a nice house a nice car and own my own van they must of thought it would be easy money plus I took my gf to Paris to get engaged! Plus I'm a builder so always work with cash and my gf is a beautician so also earns cash! I suppose it's just my past catching up with me but since I got out of jail I have worked 7 days a week.
Expert:  Clare replied 3 years ago.
Hi
Is that what the police would also say?
Clare
Customer: replied 3 years ago.
They said that they can't make any connection to the event and my past!
Expert:  Clare replied 3 years ago.
Hi
Have there been any other similar incidents or threats in the past?
Clare
Customer: replied 3 years ago.
Yes 2/1/2 years ago my van was set on fire outside my girlfriends house! And I had an osmand warning on my life! But there was a lot going on at the time and for two years there has been nothing appart from the incident on the 15th
Expert:  Clare replied 3 years ago.
Hi
When was the Osman warning?
Clare
Customer: replied 3 years ago.
2012 April
Expert:  Clare replied 3 years ago.
Hi
How long have you and your girlfriend lived together?
Clare
Customer: replied 3 years ago.
2and a half years baring 9 month I did in jail
Expert:  Clare replied 3 years ago.
Hi
What contact does the child currently have with his father?
Clare
Customer: replied 3 years ago.
Every other weekend and alternate Thursdays
Expert:  Clare replied 3 years ago.
HI
What has the CAFCASS officer said to your ex?
Clare
Customer: replied 3 years ago.
The Cafcas worker is incompetent to say the least and has slipped up several times trying to put me on a dvvp course then back tracked and said full contact should continue, but then when the 15th happend she has back tracked again saying that I should not be granted access! I'm in the middle of trying to get her manager on the phone.
Expert:  Clare replied 3 years ago.
Hi
Sorry - what do you mean when you say that you should
ld not be granted Access - I thought you lived with the child?
Clare
Customer: replied 3 years ago.
Sorry my life is so complicated!!!! I'm getting mixed up! I was in a relationship for ten years left her but had a son little did I no the women I left her for was her beautiton so she has put a no. Mail station order on me! But Cafcas hasn't said anything to her ex
Expert:  Clare replied 3 years ago.
Hi
I am sorry - which is the child who is the focus of the current court application
Clare
Customer: replied 3 years ago.
My gf son
Expert:  Clare replied 3 years ago.
Hi
May I ask why your girlfriend and the children are currently living with her mother?
Clare
Customer: replied 3 years ago.
Court order because the judge has said until he knows what's going on from all sides he won't let them stay there
Expert:  Clare replied 3 years ago.
Hi
Do the Police still consider you to be at risk?
Clare
Customer: replied 3 years ago.
They have said that there is no conection and wouldn't even install a panic alarm so I would imagine not?
Expert:  Clare replied 3 years ago.
Hi
That is helpful to the case.
Will they confirm in writing that they do not consider there to be any risk?
Clare
Customer: replied 3 years ago.
They have already put a statement in and said that there is no evidence but they can't confirm that it's nothing to do with me?
Expert:  Clare replied 3 years ago.
Hi
But will they say that they do not current believe you are at risk of harm?
Clare
Customer: replied 3 years ago.
Yea they surely tell me if they thought I was in danger but no one has said anything a lot of it is speculation
Expert:  Clare replied 3 years ago.
Hi
From what you have said this is the crux of the issue.
If the Police say that you are still considered to be at risk then that would help the father's case.
If not then there is no reason why being a victim of criminal action should lead to your partner losing the residence of her child
However do be aware the Court does have the power to chance who the child lives with If they consider that the move would be in the best interests of the child
Please ask if you need further details
Clare
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