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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1765
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am separated with a baby and have a new partner

Customer Question

Hello,
I am separated with a baby and have a new partner and planning to move in together into a new house. My baby father found out about my new boyfriend's past (unfortunately criminal past) and refuses to let our son 1year and 1/2 to live with me.I am scared i dont know what to do I was haply to get out of the bit controling and emotionaly abusive relationship i was in I want to be happy and live my life my current bf is great he has two kids and his 17year old daughter lives with him. Can i lose custody over my baby?
Submitted: 6 months ago.
Category: Law
Expert:  Harris replied 6 months ago.
Hi, thanks for your question. What were the criminal issues?
Customer: replied 6 months ago.
he had properties in dubai and wasnt paying tax gave money to someone 250k and he failed to pay back and unfortunetly force was used so : conspiracy of kidnap
force inprisonment , blackmailing , body harm, kidnap
Customer: replied 6 months ago.
http://content.met.police.uk/News/Two-men-guilty-of-kidnap/1260267544034/1257246745756
Customer: replied 6 months ago.
Two men guilty of kidnap
30 March 2009Majid Tubassaum and Karl Gordon
A loan shark and his enforcer have been found guilty and convicted for their involvement in a kidnap in 2008 and sentenced to a total of 18 years imprisonment.Detective Sergeant Tony O'Sullivan from the Met's Kidnap Unit, said: "Both these men conducted their illegal business using a regime of terror to enforce payments. The hostage made the bad decision to turn to a loan shark, getting into a huge amount of debt, completely beyond his ability to pay it back."I'd urge anyone coming under intimidation from loan sharks to report it to police before it has the chance to escalate to anything this violent.""This case sadly illustrates just why turning to illegal money lenders not only increases financial difficulties but can put people at very real personal danger. I'd urge anyone coming under intimidation from loan sharks to report it to police before it has the chance to escalate to anything this violent."The two men became known to the 58-year-old hostage after he borrowed various sums of money from Majid Tubassum, the loan shark, and then wasn't able to pay back the eventual total that, due to huge interest charges, reached in the region £250k.The hostage started taking out the money in 2006 and stopped paying in 2007. This led to a variety of intimidation, mainly by Karl Gordon, culminating in a punishment beating in woods in Essex on 13 July 2007.The court heard how the hostage had misled Tubassum indicating falsely that another business associate had also been involved in receiving the money. This led to the associate's home being broken into and family friends who were in the flat at the time being threatened.Then on 24 February 2008 Tubassum ordered that the hostage was put under surveillance at his home in Katherine Road, East Ham.The hostage received a call instructing him that as part of the re-payments he had to purchase a plane ticket and deliver it by 18:00hrs that evening. However prior to the deadline Tubassum, Gordon and another man went to the hostage's house. Once inside they threatened him with a six-inch knife, as well as threatening a friend who was visiting the address at the time. He was then forced into a car, where he was beaten. His friend was left behind and told not to leave the flat.Another acquaintance of the hostage then arrived at his house and found the other friend inside suffering facial injuries from a beating. He told him about the kidnap and the acquaintance called police.Whilst in the car the hostage was told there was a gun in the car. He was taken to the same Essex forest, pulled from the car and given a beating. He believed that if he didn't purchase the required ticket and pay £5k they were going to kill him. They also threatened to cut off his hand.He was dropped at Manor Park Station and had his phones returned to him. He then phoned friends who came to collect him with the police.Following an investigation by the Met's Kidnap Unit Gordon was arrested on 1 May 2008 at his home address and Tubassum was arrested on 2 May 2008 at Luton airport having returned from Dubai.On Thursday 26 March at Croydon Crown Court Karl Gordon, 46, a door man, from Peel Close, Chingford, E4 was found guilty of all nine indictments and sentenced to a total of eight years imprisonment.Majid Tubassum, 32, a businessman, from Eric Street, Clarksfield, Oldham, Lancashire was found guilty of all nine indictments and was sentenced to ten years imprisonment.Indictments as below:Count 1 - Conspiracy to commit Blackmail (between the 1 June 2007 and 25 February 2008)
Count 2 - Conspiracy to commit Kidnap (on 13 July 2007)
Count 3 - Conspiracy to commit False Imprisonment (on 13 July 2007)
Count 4 - Causing Grievous Bodily Harm with Intent (on 13 July 2007)
Count 5 - Blackmail (between 1 July 2007 and 1 November 2007)
Count 6 - Burglary (residential, on 8 August 2007)
Count 7 - False Imprisonment (on 8 August 2007)
Count 8 - Kidnapping (on 24 February 2008)
Count 9 - False Imprisonment (on 24 February 2008)
Expert:  Harris replied 6 months ago.
Thanks for confirming. Given the seriousness of the issues the father is within his right to raise this as a concern. I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. Your case will be allocated an independent CAFCASS officer to undertake background checks on both of you and any other members of your household, so the criminal history of your partner will be disclosed and the officer will make a decision as to whether it impacts your child and make recommendations to the court.For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 6 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.

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