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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My stepdaughter who has been violently attacked by her ex-partner

Customer Question

My stepdaughter who has been violently attacked by her ex-partner and has now been granted a non-molestation order against him as the Police Classes her as high risk from further attack. She has just been before a family court judge and against her wishes and plea he ignored her and has now on an interim basis untill final hearing granted the father of her 17 month old daughter an extention of his twice weekly 4hr contact of the child, to a once weekly 6hr day time contact on a Thurs and very controveresial overnight contact on a Sunday. The father comes from a very unstable background was sexually assaulted himself as a foster child and he has become recently very unstable and violent to the point where, I believe through overuse of illegal steroids, attacked my step daughter twice. I as a grandparent am not prepared to standby and allow him to harm my grandaughter and I have told her that I as grandfather am refusing him overnight contact. Where do we stand legally if we go against the courts interim directions on this overnight contact. As I want to protect my Grandaughter but also do not want to affect my stepdaughters case. Thank you.
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information first.\Has there been a full CAFCASS report? (would have taken quite a few weeks)
Customer: replied 11 months ago.
No only an interim report and on the final visit they said whilst they were strongly against overnight contact thay can not stop it if the court permits it Final report is awaiting completion but a certificate has been issued by I think its called (Marrick) and Kent Police Designating my daughter as high risk from further attack.
Customer: replied 11 months ago.
Just read the interim report which states for the well beign of the child it would be benificial for her to have contact with the father which has been agreed and allowed but no mention of overnight contact, the two violent attacks that wher made on my step daughter dis occur during the day but he has never had her for contact on his own fully overnight since she was born he is a very lazy individual who sleeps for up to 15 hours each day we are truely and naturally concerned how he might respond to her if disturbed several times during the night given his irrational and increasingly violent behaviour (Possible Roid Rage) as he attends a Gym every day and consumes large quantities of Protein Supplyments daily is then always exhausted from his daily two to three hour muscel building work outs.(Plus posible illegal Steroid Consumption).
Customer: replied 11 months ago.
Sorry for Typing errors my fingers are too fat for my mobile keyboard.
Expert:  Clare replied 11 months ago.
When is the overnight contact meant to start.Was this a Magistrates Court or a County Court?
Customer: replied 11 months ago.
Family Magistrates Court and directed to start this Sunday
Expert:  Clare replied 11 months ago.
Did your step daughter ask about an appeal?
Customer: replied 11 months ago.
No she didn't that wasn't offered either, she simply left happy just at finally getting a non molestation order and was not really focussed on what was granted to him
Customer: replied 11 months ago.
This was a directions hearing supposed to last one hour starting at 10am and it finally finnished after being called back twice at 17.00 hrs as her ex partner had submitted 28 seperate unsupported allegations about her, the District Judge was not happy and ordered him to go away and re submit no more than 3-4 true allegations that would need to be supported by factual and real evidence.
Expert:  Clare replied 11 months ago.
The first point to make - forgive me - is that you have no right to refuse the overnight contact - and it is not you that will face the prospect of community service or imprisonment for breach of the Court Order.The second (even harder) point is that the fact that someone is a very very bad partner does not necessarily make them a bad father.Having said those things I agree that you are right to be concerned and to wish to bolster your daughter's reservations on the matter.As a starting point she needs to ask her solicitor to call the Cafcass officer and get his or her real opinion on the development.If the Cafcass officer has reservations then your stepdaughter need sto ask the solicitor to file an urgent appeal and request for a stay of the order so that the overnight contact does not go ahead.If the Cafcass officer will not support hat then I am sorry but refusing the ocntact will seriously compromise her positionPlease ask if you need further detailsClare
Customer: replied 11 months ago.
No thats fine I understand and feared I am probably oversteping the mark and certainly do not want to be responsible for causing any legal difficulties, hence why I paid and consulted you first, but am naturally extremely concerned about my granddaughters well being and safety. I will pass on the information you have given me to my stepdaughter, thank you for some direction, I have no furter questions and thanks for your advice on this matter.
Expert:  Clare replied 11 months ago.
You are welcome - and concern is always acceptable!to be the subject of a MARAC your step daughter is at real risk - so your concerns are warrented

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