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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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I have a 7 month old son with my ex partner, who has had me

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I have a 7 month old son with my ex partner, who has had me removed from our home, stating common assault with which I have been charged. This is a total lie and in fact it was her who attacked me and I have the black eye and other injuries to prove it while she only has a mark on her neck. I was in the magistrates court on Monday 19th March and informed that I must not go near her or the house, but my Mum can collect my son on the days my ex and I agreed which were Monday, Wednesday and Friday. To day however she has informed my mum that my son will no longer be coming to stay with me and she is no longer going to allow him to visit me at all. I am desperate for help, but have no money to arrange a solicitor, please help me. Shaun
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhen did the incident happen?
Customer: replied 1 year ago.
19th March 2016
Customer: replied 1 year ago.
Did you get my information as requested the incident happened on Friday 19th March and is on
going
Customer: replied 1 year ago.
Can you please answer me, I'm not sure if you are here or not.
Customer: replied 1 year ago.
I can't afford any more money so can't phone you, please help me
Customer: replied 1 year ago.
Do not phone me as stated I cannot afford the money, I really do not have it.
Expert:  Clare replied 1 year ago.
Do not worry - you can ignore the site pop ups we will still get there!When did you last see your sonWhen are you next in court?
Customer: replied 1 year ago.
I had my son from Thursday 24th March until Saturday 26th March, I was to have him each Monday, Wednesday and Friday nights and Saturday morning. I was in court on Monday 21st March and bailed until 13th May 2016
Expert:  Clare replied 1 year ago.
SO you have not seen him for the last month?
Customer: replied 1 year ago.
Yes I seen him last Saturday until 11:00am.
Customer: replied 1 year ago.
My Mum received a text from her stating that we will no longer see my son until she has had legal advice, she knows I can't afford to get a solicitor or legal advice as I have to pay for everything in the house even though I can't use it.
She refused to give her bank details to the furniture companies and so I have to pay the direct debits on my own.
Expert:  Clare replied 1 year ago.
Sorry I was already at the end of April in my head!So what does she say happened at the weekend that made her change her mind about contact?
Customer: replied 1 year ago.
She said she felt she was at a point where we could go no further, the text was not written by her, but by someone with some legal knowledge the jargon tells me this. Her actual text says "Hi Maureen I'm sorry to do this but u have left me with no option as I feel we are at a point where we can go no further. Jenson will be staying with me today and contact with u and Shaun will stop until I have sought family legal advise and understood my position. U stepped forward as a mediator where Jenson was concerned and less that a week on you are changing the arrangements and abusing yr role by passing on messages and hand written letters from Shaun, breaching his bail conditions. I have asked that u keep it Jenson related yet again on Saturday u confronted me on personal and financial matters when dropping off Jenson. followed by a further message once u had left to advise that I would now need to come to your house to pick Jenson up for him to come home. Given the impending court hearing this is not a practical arrangement and I am not prepared to put myself in that position".Some of this is incorrect there was no hand written letters to her, My mum did not mention any personal or financial matters when she dropped off the baby, the only message she sent which could be class as personal was asking if she was home in order to drop Jenson off earlier that planned
Customer: replied 1 year ago.
She actually came to my mums house on Tuesday 22nd March, her dad stayed in the car outside, she was not afraid and did not seem to be stressed, she was happy to go into the living room where the baby was with my mum. She played with the baby for a short while and then left quite happy.
Customer: replied 1 year ago.
My mum had told her several times that she did not want to be in the middle of the mess and asked her not to attempt to discuss the issues with her, but she continued to ask questions of my mum, who was becoming very upset and stressed out by it all.
Expert:  Clare replied 1 year ago.
Would it be fair to say then that it is the hand over that is the problem - she has not said anything about the care of the child?
Customer: replied 1 year ago.
Not sure, this girl just wants to hurt me as much as she possibly can, she is a drama queen and plays everything out as much as possible. my Mum goes to the house and picks up the baby and has always returned him to the house, but she works and sometimes she just cannot get to the house on time, for example this Wednesday she needs to travel to Wallasey from Manchester to be there for 10:00am so could not get the baby back to her on time. I also work from 7:00am Monday to Friday and so could not bring him back either. We had no way of getting him back to her as the time she demanded he be returned. I don't know what her beef is now.
Customer: replied 1 year ago.
She has not mentioned the care of the baby as we all lived with my mum for the first 6 and half months of his life and she knows that both I and my mum adore the baby and would not allow anything to happen to him. Even her own mother stated to both her and my mum that my mum is the best thing that every happened to him and his face lights up when he sees her.
Expert:  Clare replied 1 year ago.
Is there any other family member that could deal with hand over for you?
Customer: replied 1 year ago.
No the judge said my mum was the only person given permission to collect the baby, but there is nobody else to help us with this, but she probably would not allow it anyway.
Expert:  Clare replied 1 year ago.
Was that in the Criminal Court?
Customer: replied 1 year ago.
At the magistrates court in Manchester
Expert:  Clare replied 1 year ago.
Yes but was that part of the criminal case?
Customer: replied 1 year ago.
Yes
Customer: replied 1 year ago.
This all seems so unfair and biased against me. She attacks me, I have all the bruises and deep scratches, she has a mark on her neck where I throw her off me, I'm arrested and charged, I have to leave a house that I spent every evening until 12:00 or 1:00 in the morning working in, she gets all the stuff I have paid for and am still paying for on credit and I am not allowed to have any of it back. I have to leave the house and my baby behind and am constantly being told by her what I can and can't do with my baby.
Expert:  Clare replied 1 year ago.
The law says that a child is entitled to regular contact with both parents and the courts will enforce this if necessary.You can apply for a Child Arrangement Order setting out what time the child will spend with you.You can find the form you need herehttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdfYou do not have to attend Family mediation as there is an outstanding criminal case.Your ex will try and use the case as the reason why there shoudl be no contact - but the fact that she allowed it last weekend will help.It is however important that you stay calm throughout the applictaion and do not allow her to provoke you - and she WILL try.You may find this website helpfulhttp://theparentconnection.org.uk/I hope that this is of assistance - please ask if you need further detailsClare
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