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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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There my husband has filed of our 2 children

Resolved Question:

Hi There my husband has filed for custody of our 2 children he has done dv to me for 15 yrs before he left but was never charged by the police he has made 26 fictisous incidents to the social services which has resulted in the being on a emotional plan because we cant get on and they say it is having an effect on the children he has also hit my boyfriend resulting in him being left with a black eye he did this in front of our 2 children as well my boyfriend was charged and convicted of a dv offence 3 yrs ago and my ex husband is using this as a basis of his custody battle this has had an affect on my health I,m type 2 diabetic he has contact but does not turn up for it what are the chances of him getting custody of the children
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 long have you been separated, how old are the children and what is the current pattern of contact?
Clare
Customer: replied 2 years ago.
we have been separated for 3 years now he is meant to have them from Saturday 13 30 till Sunday 19 00 but has not turned up to contact for the last 3 times its every other week and they are 12 and 5 we still have the finances to sort out as well to me I think he made this application to get more money from the sale of the house
Expert:  Clare replied 2 years ago.
Hi
When did he make the application for the Child Arrangement Order?
Clare
Customer: replied 2 years ago.
Last Friday his solicitor phoned me this morning to inform me and also sente a letter stating that his client had asked him to make the application
Expert:  Clare replied 2 years ago.
Hi
Where does your 12 year old wish to live?
Clare
Customer: replied 2 years ago.
She wants nothing to do with her farther and she has told social services the same she does not even want contact with him either
Expert:  Clare replied 2 years ago.
Hi
Just to check - have Social Services expressed any concerns about your current partner?
Clare
Customer: replied 2 years ago.
Yes they said that I should not be in a relationship with him as he has been done for a do pffence
Expert:  Clare replied 2 years ago.
Hi
How long have you been with him?
Clare
Customer: replied 2 years ago.
3 yrs in June
Expert:  Clare replied 2 years ago.
Hi
Have the police ever been called to your property in those three years?
Clare
Customer: replied 2 years ago.
Yes 3 times once when my ex husband assaulted my boy friend and twice when's mum called them saying that my boyfriend had hit me no charges where ever bought
Expert:  Clare replied 2 years ago.
Hi
How long have you been with your current partner?
Clare
Customer: replied 2 years ago.
I answered that before 3 yrs I'm June my ex husband I was with for 15 yrs there are dv police logs and had alarms put in the house after my ex left and he broke into the house and robbed it while I was on holidays with my kids so I got a none mol against him but the police never xherged my ex with dv as they kept saying it was civil action all the time
Expert:  Clare replied 2 years ago.
Hi
For clarity - you moved in with your new partner as soon as you left your ex and just after your new partner had received a conviction for Domestic Violence, is that correct?
Clare
Customer: replied 2 years ago.
I had been split up 6 months then I met my new partner and yes he had just been done for a dv offence
Expert:  Clare replied 2 years ago.
Hi
What sentence had he served and how soon was it before Social Services approached you about him?
Clare
Customer: replied 2 years ago.
He 200 hrs a fine and 12 month probation and they informed me about a month after it him
Expert:  Clare replied 2 years ago.
Hi
I have to be honest and say that your ongoing relationship with your new partner could well cost you the care of the children
The only reason why it may not is the fact that your ex is not actually showing any real concern for the children and is missing contact with them
This is likely to cause the court considerable concern about his commitment and MAY be sufficient to ensure that the children stay with you - but there is no guarantee.
I am sorry to give such grim advice but I can only tell you the truth about the situation that you are in
Please ask if you need further details
Clare
Clare and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi thanks
His solicitor range yesterday saying that he want to resume contact now
And also informed me that if my ex husband deems that the kids are at risk he will not be returning them to me when contact ends where do I stand on this as if I give him contact he might not bring them back but if I don't give him contact then it will look bad on me at the custody hearing