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: 34276
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

Last year my son was arrested after a domestic dispute and

Resolved Question:

Last year my son was arrested after a domestic dispute and released with no charge. The relationship subsequently broke up and he is now experiencing difficulties in seeing his daughter due to his exPartners intransigence . He has attempted mediation but this has been refuse. He is reluctant to pursue the matter in Court as he is terrified that the arrest will be raised and that he will be carted off to jail. He has no record of any sort and was suffering a mental breakdown at the time of the incident . He badly want to see his daughter on a regular basis but is so scared about this obsession with having to go to jail. He was told after his release the he would have no baggage to carry and nothing else to worry about. Nevertheless he does worry about it all the time. A positive answer would be beneficial if that is the case
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 what contact i she having at the moment (if any)
Clare
Customer: replied 2 years ago.
Emily is two and a half born 12-4- 12.
He is seeing her supposedly on a weekly basis at a meeting contact centre. But is ex partner insists that one or both of her parents are present at the meeting, thus interfering with any relationship building. She also frequently cancels those meetings and will not negotiate any alternatives. In the last eight weeks he has seen her just two sessions of 1 and a half hours per session
He worries all the time that the incident last year will be Re visited and he will go to jail, even though there were no charges made at all.
His meetings with Emily are not designated as supervised and initially they were there just to re assure Emily until a proper relationship was built. That was approx last April when it was first set in place. He has been assessed by the Local Social Services and they have written to him saying there is no danger whatsoever to Emily and that they have closed the file.
Customer: replied 2 years ago.
In addition we have not been in contact with our granddaughter since December last year. We have attempted to mediate through a recognised mediation experts who forwarded two letter s to the mother. We did not even have the courtesy of a reply at all. Hence the reason why we have applied to Court for Child Arrangement Order. Unfortunately this has reinforced his worry about the incident being revisited and the prospect of Jail. We have had no choice now. We have been totally excluded and even had birthday presents and cards returned to us. It's breaking our hearts because of no contact and breaking our hearts seeing our son suffer so much. Both mentally and physically .
Expert:  Clare replied 2 years ago.
Hi
When is the first hearing of your application - and is your son also making an application?
Clare
Customer: replied 2 years ago.
I think that the first hearing is in early December and he is not making an application due to him being terrified of revisiting the incident and that he believes that he will be taken away. Despite no charges being applied and released without baggage.
Expert:  Clare replied 2 years ago.
Hi
Are you sure there is no other incident that he has not disclosed that he fears his ex will bring up?
I ask because the simple fact is that there is no question of his being re-arrested
The only impact it will have is that his ex will argue that he is a risk to her and that that should limit his contact with the child - and even that is not likely to be successful
Please reassure him - it simply will not happen
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Clare,
Many many thanks for your attention. I truly appreciate your time. I will try to re assure him about things. You have confirmed something that we already thought.
Thank you for your excellent work
JB
Expert:  Clare replied 2 years ago.
Hi
You are very welcome I hope all goes well
Clare
Clare and other Law Specialists are ready to help you