Welcome to Just Answer
I am a Solicitor and will assist you.
I am very sorry to hear about the difficulties that you are experiencing with the father of your daughters children.
Please may I ask:
- how old are the children?
- are social services still involved?
Please accept my sincere apologies fo rmy delay in responding to you today. I am in full tie practice and have had various meetings.
Just a few more questions:
- what is the exact time rota that he is currently spending with the children?
- have the children expressed any wishes and feelings?
Thank you for your response.
I also thank you for your patience today.
The current situation cannot continue and matters need to be returned to court. The children are clearly suffering emotional harm and there also appears to be the risk of phyiscal harm.
Whilst contact should always been promoted with an absent parent - the situation is somewhat different if there are child protection concerns.
I am presuming that the attempt to swipe at the eldest boy took place during the Easter break. If this matter was not reported to the police then it now should be.
I am disappointed that Social Services appear to have closed there case and have taken no further action.
What you need to do is return this case back to court to seek a variation of the court order. I appreciate that the next contact is to take place is approx 5/6 weeks time. If an application is made to the court quickly then the court will be able to consider the interim position before that contact is to take place.
In reality - the 12 and 14 year old are now of an age where the court would give strong regard to their wishes and feelings. A court will highly likley not force them to attend for contact if they are expressing that they do not wish to do so.
The matters you have expressed in respect of childrens emotional presentation at school is very concerning. To support the application to the court - I would suggest that reports are obtained from the childresn school detailing all the concerns that they hold. I hope that the school have also given consideration to offering the children extra support.
It is the C100 Form that needs to be completed. The court Fee is £215. Send to Local Family Court.
Mark the application as urgent. Request that contact be suspended pending a full investigation by Cafcass / Social Services and also a wishes and feeling report in respect of the children. Ask for a hearing to be listed in the next few weeks.
Mark on the Form that mediation is not required because there is a restraining order in place.
Attach to the Application Form any reports that you have obtained from school or state that they are to follow.
As your daughter has a restraining order she qualifies in respect of the merits requirements for legal aid. it used to be that a restraining order had to have been made within the last 2 years - but this has recently changed to 5 years. I would suggest that contact is made with a family lawyer in your area. Ask them for a free legal help assessment. They will calculate your daughters income to see whether see also qualifies in respect of the income element for legal aid. See this link for further information on the calculation.
Do let me know if I can help you further.
If I can help further please do not hesitate to ask.
If you have found this service useful - please kindly remember to rate positively. Your question stays open when you leave positive feedback and I can answer your follow up questions for free
In respect of the form requested by school - there is no such standard document - perhaps the school have their own procedure and can supply you with a copy.
I do consider that the C1A is appropriate. Detail the emotional abuse and the impact on the children as well as the assault.
Let me know if I can help you further.
Please kindly remember to star rate our service so that we receive credit for helping you