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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex is applying to have residency of our 5 year old. I have

Customer Question

My ex is applying to have residency of our 5 year old. I have always been her main carer. I have a caution for assaulting him, a fpn for shoplifting, and used to work as an escort before my daughter was born. More recently, children's services have been involved and they support me in my application to seek a supervised contact order for ex and child. As retaliation, ex has applied for residency. Children's services are concerned about him and not about me but they are not aware that I used to be an escort before my child was born. Based on this, what chances do I have of losing custody to ex as he will bring up the past and speak of caution etc which reflects poorly on me? Is it enough to remove child from my care?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. In order to provide you a full answer, please confirm what the father's arrangement to see the child has been so far and how involved has he been?
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Father has visited the child (when he is in the country as he travels for work often) three to four times a week until mid last year as he got married and then contact, voluntarily, dropped to about an hour a week. Since February, he has had no contact as he has to have supervised contact and local authority are in the process of arranging that but he is putting up obstacles such as LA are biased against him, etc. In respect to his involvement in child's care - it has only been in respect to taking her out to museums, parks and not daily care and no overnight contact either.
Expert:  Harris replied 1 year ago.
Thanks for the further information - does he still work abroad?
Customer: replied 1 year ago.
he does freelance consulting work so sometimes has to travel at least three to four months a year. He said that if he is granted custody then he will stop travelling.
Expert:  Harris replied 1 year ago.
Thanks, ***** ***** what you have said, it is unlikely that a residence order (now called child arrangement order for child to live with the parent), will be granted to him as his contact at the moment is limited and is supervised. Furthermore, the local authority appear to not support contact other than supervised therefore a court will not agree that it is in the child's best interest for residence to change.
Customer: replied 1 year ago.
What about my caution, fpn and former escorting work - will that not raise enough red flags for court to want to reconsider child's living arrangement?
Customer: replied 1 year ago.
Plus, ex is alleging domestic abuse and harm to child by me as a response to my alleging dv and harm to child by him. Very conflicting statements.
Expert:  Harris replied 1 year ago.
The CAFCASS officer (person who is allocated to investigate on behalf of the court) will undertake background checks on both of you, which will include police and social services checks. This will therefore come up and the CAFCASS officer will assess whether these raise safeguarding concerns in relation to the child. The CAFCASS officer will investigate both allegations and there will possibly have to be a detailed assessment, either by the CAFCASS officer (in the form of a Section 7 report) or the local authority social worker (in the form of either a Section 7 or Section 47 report) regarding the history and the allegations raised by both of you.
Customer: replied 1 year ago.
LA have been asked to do a Section 7 report.
Expert:  Harris replied 1 year ago.
OK, so the social worker will undertake a detailed assessment and investigation and make a recommendation in the section 7 report based on the evidence and interviews with both of you.
Customer: replied 1 year ago.
CAFCASS is not involved as LA have been involved for over a year. LA do not have any concerns about me but they do not know of my escorting past - I am afraid that he will bring that up in court and LA may then have concerns.
Expert:  Harris replied 1 year ago.
What is the history of escorting and when did it stop?
Customer: replied 1 year ago.
august 2008 to january 2009. Daughter born in october 2010.
Expert:  Harris replied 1 year ago.
Thanks - it may be the case that he will disclose this to the social worker, and the social worker will need to investigate whether this raises safeguarding concerns - however, as it was over seven years ago and prior to your daughter being born it will unlikely impact the placement of her with you.