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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33507
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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The ex partner has made serious allegations about me involving

Customer Question

The ex partner has made serious allegations about me involving her son. I have been to court twice now trying to get some contact with my two boys. Although there is no evidence. The police, social services have made reportsclearing me of the allegations. Now they have comeback to court this time with the son mking the same allegations, the difference is he is saying he does not want the children seeing me because of the past. I am not entitled to legal aid and have struggled to find the money so far. Because of the allegations I need to find out how I can get help because I cannot afford the solicitor or barristers fees. The ex partner has a solicitor with 20yrs experience and also acts as a barrister
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 are the children and what is the current position with regard to the proceedings?
Clare
Customer: replied 2 years ago.

Dob Jono 15th January 2006

Dob Jordan 7th April 2007

Have been to court to get access to see my children even tho social services and police have stated their is no evidence and the stepson (now18yrs) had made a statement and then withdrew the allegations. WE have just been bck to court as they wanted a mental health check done on the mother but this was not able to happen. Her doctor has said her mental capacity seems fine and social services was not in the position to do a menta health check but felt the children were fine. whe we was in curt the mothers solicitor has said her son has

Expert:  Clare replied 2 years ago.
Hi
When did you last see the children?
Clare
Customer: replied 2 years ago.

Dob Jono 15th January 2006

Dob Jordan 7th April 2007

Have been to court to get access to see my children even tho social services and police have stated their is no evidence and the stepson (now18yrs) had made a statement and then withdrew the allegations. WE have just been bck to court as they wanted a mental health check done on the mother but this was not able to happen. Her doctor has said her mental capacity seems fine and social services was not in the position to do a menta health check but felt the children were fine. whe we was in court the mothers solicitor has said the stepson has has been to see her and has said I have touched him and is willing to make a statement for court but didn't want to attend court. This was put before the judge who insisted he had to attend and they have requested a video link which was agreed in court.I do not want this I actually would prefer he had to come to court now he is 18yrs. Each time the social services closed the case the mother would get the son to make a statement to open up the case again . The police had noticedthis was the case also. We have to go back to court in 2-3months. I am stillnot had any contact with my children.

He has changed his story by saying he told his mother what had happened because he didn't want his brothers to see their dad incase it happened to them

what had happened to him. Before it was all what the mother had summised had happened.

Customer: replied 2 years ago.

june 2013

Customer: replied 2 years ago.

June 2013

Customer: replied 2 years ago.

last saw my boys june 2013 over a year

Customer: replied 2 years ago.

On the 12th December 2014 is the Pre hearing in family court

19th January 2015 is a 2 day fact finding in family court

recieved the information today this is the latest update

Expert:  Clare replied 2 years ago.
Hi
Ok - so there is a fact finding listed.
has the possibility of supervised contact in the mean time been raised?
Clare
Customer: replied 2 years ago.

In April 2014 was the first court appearance for me to try to gain some contact with my children.The judge tried to get her to agree for me to start supervised. contact with my children and she refused me any contact. He then requested she had a mental health assestment. Which was not carried out by a professional person due to the cost.

When we went back this time I was under the impression I was going to get some contact instead her solicitor is saying there is a statement from the stepson with serious allegations been made. Nothing was mentioned about contact instead these other court dates have been set. She has told my sister there s no way there dad will ever see them again. I have told the social services and my solicitor I think she will take them to her home town to live in the Congo. Could they stop this from happening by taking their passports from her. The professionals have asked her if this is her intention because she replied "NO" they are happy with her reply. She told my sister she will take them away so I will not find them whatever the judge says it will always be No! No!. I have told social services and my solicitor I have concerns for my childrens safety.

Expert:  Clare replied 2 years ago.
Hi
Have you asked for a prohibited steps Order regarding travel?
Clare
Customer: replied 2 years ago.

I asked my solicitor or social services if they could make them a ward of court or put an injuction out to stop them going out of the country . No ne has mentioned a prohibited steps order regarding travel before to me.

Expert:  Clare replied 2 years ago.
Hi
What you need is a Prohibited Steps Order preventing the children from being taken out of the country.
Your solicitor should be able to arrange this very quickly and it will mean that the ports can be closed if necessary - and indeed given her behaviour within the proceedings a Specific Issue Order that the children's passports should be lodged with her solicitor.
The Fact finding hearing is the important one - and there is no problem with the evidence being given by video - it is no way prejudices the proceedings
Once that is out of the way and the court has ruled that the abuse did not happen then unsupervised contact should begin - possibly at a local contact centre
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33507
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
Customer: replied 2 years ago.

I am not able to apply for a Prohibited Steps order as my name was not on the birth certificates. I have been trying to get parental responsibilities. Is there any other way to stop her taking the children out of the country.

Customer: replied 2 years ago.

I am not able to apply for a Prohibited Steps order as my name was not on the birth certificates. I have been trying to get parental responsibilities. Is there any other way to stop her taking the children out of the country.

Expert:  Clare replied 2 years ago.
Hi
You can apply for a Prohibited Steps Order despite not having Parental Responsibility
Clare

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