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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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My partner has kept children away from me months. our

Resolved Question:

my partner has kept children away from me for six months. our relationship has ended. she has raised allegations of domestic violence on her and the kids which are false. i cant afford legal fees. the home office is threatening to curtail my 2.5yrs FLRO visa. what r my chances of seeing my children. can i be removed from uk without my children? A police report alleges that i am making up stories for my own benefit when i raised concerns about my Exes mental welbeing please advice
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 when did you last see them?
Clare
Customer: replied 2 years ago.

Sorry for late responce. My children are 2yrs 7months and 1hr 1 month. I lived it them and their mum till she left with them on 12th of October 20 unceremoniously.

Customer: replied 2 years ago.

2yrs 7months and 1yr 1 month. I'm desperately missing my kids.

Expert:  Clare replied 2 years ago.
Hi
The law says that a child is entitled to regular contact with both parents and the courts will enforce this if necessary.
Your starting point is to try and discuss matters with your ex using Family mediation
www.familymediationhelpline.co.uk
You MUST attend even if she refuses.
If mediation fails then you can apply to the court for a Child Arrangement Order and ask to see your children at a local Contact Centre,
You do not need a lawyer to make the applictaion - the Mediator will give you the necessary form.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

the matter is in court now as she didn't want to attend mediation. she has also alleged that i physically and emotionally abused her. she has made other allegation as stalking and harassment. i once raised concerns with the police regarding her allegation of me wanting to kidnap our son and her mental health( has depression and anxiety) but the police think i was making up stories for my own benefit.

Customer: replied 2 years ago.

the matter is in court now as she didn't want to attend mediation. she has also alleged that i physically and emotionally abused her. she has made other allegation as stalking and harassment. i once raised concerns with the police regarding her allegation of me wanting to kidnap our son and her mental health( has depression and anxiety) but the police think i was making up stories for my own benefit.



Edit

Expert:  Clare replied 2 years ago.
Hi
Have you had the first hearing?
What did the initial CAFCASS report say?
Clare
Customer: replied 2 years ago.

Caffcass doesn't support direct contact without further investigation and assessment because my ex.partner alleged I was abusive to her and the kid. She also claimed that I want contact with the kids for the purposes of my visa extentions. Police reports have been requested on me. I also raise my on certs of her issues of anxiety and depression so she is going to get a doctor's report.

The allegations of abuse are not true she was rather abusive pysically

To me and at least smacked our son when she was angry. She made policy call out out for

1. Me allegedly stalking her mum. I was at work at the time and not anywhere near her mum.

2. Called police when she was angry and wanted me out of the house because she thought she would rather harm me.

3. Again for harassment when I went to her current address to return her belongings and possibly see the kids

4. I once told the police about her text which suggests I wanted to kidnap the kids and raise concerns about her mental health but the police seem to believe I was making up stories for my own benefit.

Expert:  Clare replied 2 years ago.
Hi
What happened at the last court hearing?
Clare
Customer: replied 2 years ago.

They asked for Scott schedule and police reports. At the pre hearing I decided to also mention her abuse towards to so they asked for exchange of Scott schedules and statements. They asked for a report from her GP about her mental health. The court also said they were keen on getting this done as soon as possible considering the children's ages and the length of period of not seeing me. They Moved the hearing to an adress closer to her and the kid. Caffcass has been asked to do some more assessment.

Expert:  Clare replied 2 years ago.
Hi
What further information do you need at this stage?
Clare
Customer: replied 2 years ago.

I feel like all the agencies involved presume the lady is right and I am guilty. Even the police is assuming so. I don't have any confidence in the system. They haven't even considered for a minute if I might be a victim. I just wonder what chances I have in court as it's her word against mine and she stands to be believed while I stand to be accused. I don't know whether there's any point crying over what seems like spilt milk. Am I allowed to engage a solicitor at any time during the proceedings if necessary because I cannot fail the kids and won't give up on my kids

Expert:  Clare replied 2 years ago.
Hi
I understand how you feel - at this stage it can feel that all the assumptions are made in her favour and not yours
However as the case moves on the truth will be found, and your ex will be reminded that unless she can prove that you are a risk to the Children - which clearly you are not.
You can bring in a Solicitor or a Barrister at any stage in the proceedings
Clare
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