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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband and s partner split up three years ago, at the

Customer Question

My husband and his partner split up three years ago, at the time he was on bail pending a court case for possession of cannabis, so his ex partner filed a residence order through family court, he conceded as he felt there was a chance he would go to prison. He didn't, and he is now clean totally (something the family court judge was aware of), in the interim he was given every weekend, but at the final hearing he felt it was best for his Daughter to try to reconcile with his ex, so on that basis his ex was given Residence order in her favour. He remained with her for a further 18 months however she went down the route of stopping him doing things and searching his room so he left and began a relationship with myself. As as result of us now being married, his ex for the past year has been extremely difficult, blocking contact from the original 4 weekends, to three and now down to two a month. We ve had police called on us every time there's a holiday with accusations of us trying to kidnap his Daughter, so he has applied back to court for contact order. He is now nervous that social services will become back involved (they were involved in original court application due to his ex partners mental Illness and Stusrt's drug heating). He is concerned because he was led to believe by them that any return to court would mean his Daughter is removed, could this happen. He has a hearing date but he is wishing to cancel it because he fears social services taking her away.
Submitted: 5 months ago.
Category: Law
Expert:  Clare replied 5 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How old is the child?

Customer: replied 5 months ago.
She is 7 years old
Expert:  Clare replied 5 months ago.

How often has your partner seen her in the last six months?

Customer: replied 5 months ago.
Every other weekend and Wednesday nights, but the judge originally gave him 4 weekends. Holidays are tricky because he is meant to have half but it's been a fight to get them. Half term she removed her daughter from school early to block him from contact (we went to the school to collect her to be told she was gone already). she was going to offer him 2 days out of ten.
Expert:  Clare replied 5 months ago.

When does contact start and end at the weekends?

Would a night in the week be realistic?

Customer: replied 5 months ago.
Friday 3.30 until Sunday 7pm, but she always is back earlier because she threatens the police. Only Wednesday 3.30 til 7pm. Gabrielle my husband's is Italian so at home she speaks to Ishbe, in Italian so my husband felt his 4 weekends like he was originally given would help with her homework etc.
Customer: replied 5 months ago.
His concern is that cafcass involvement would mean social services and then they would be involved all the time and he fears a threat they would remove her because they can't agree on contact. He was prepared to go to mediation but she refused
Expert:  Clare replied 5 months ago.

Has he any current concerns about her physical care of the children?

Customer: replied 5 months ago.
She is increasingly finding her Daughter won't listen, so her hamster ends up going to tesco with them, if she doesn't want a shower then she doesn't have to have one. she doesn't struggle financially as we pay for nearly everything Isabel has.
Expert:  Clare replied 5 months ago.

Have the school raised any issues

Customer: replied 5 months ago.
Not that he is aware of, although she has got bad marks when we ve looked in her workbooks.
Expert:  Clare replied 5 months ago.

has he asked the school about that?

Customer: replied 5 months ago.
School have tended to "side" with his ex, as they have been told by both her and her Sister that my Husband is trying to kidnap his daughter and take her away. He only has contact with the school on the Wednesday's and then alternate Friday's. He doesn't go to parent teachers because his ex goes and if he went he would be accused of interfering by his ex. It is for this same reason we can't go to school plays etc, as his ex partner has told him she doesn't want me at the school. She has told him a few times, if he divorces me then he can see his daughter whenever he wishes.
Expert:  Clare replied 5 months ago.

The fact that your husband had a drug problem three years ago will NOT mean that the child will not be placed in his care in the event that her mother cannot care for her.

He must continue with his court application to stop the continual threats and disruption of contact.

Whilst Social Services may be involved because of the previous case if they do ave concerns about the care given by the mother then they cannot remove her into foster care unless they can show that your husband is not able to look after her now - which he clearly is

It is unlikely that your husband will be grated every weekend now - but if he has her from school on a Friday to school on a Monday and overnight once a week plus half of any school holidays to start with this should make matters easier.

He has every right to attend parent's evenings - the school will give him a different time - and for you both to attend school events.

I hope that this is of assistance - please ask if you need further dteails

Customer: replied 5 months ago.
He wants to stop the court hearings because he believes social services would begin proceedings to remove her as they apparently threatened this originally at end of last court.
His little girl has asked to see him more, would the courts take the into consideration ?
Expert:  Clare replied 5 months ago.

No Social Services will not do that - when the matter was last in court he was facing a possible prison sentence - that is no longer the case.

The child is a little young for her wishes to have great weight - but the priority is to get the arrangements set out in an enforceable order

Customer: replied 5 months ago.
Thank you so much, he believes the social worker said any dispute between them both again and they would remove her. One final question. Is the residence order that was granted in her favour now void because he lived back there for a year afterwards.
Expert:  Clare replied 5 months ago.

Yes if it had happened back then it MIGHT have been the result - but not now

It i snot so much that the Order is void - just that it needs re working now

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