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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33891
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have just received a prohibited steps order and need

Customer Question

I have just received a prohibited steps order and need advise ASAP
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 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

Could you explain more about the background to the position please

Customer: replied 9 months ago.
Thanks in advance.
Are we able to speak?
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 9 months ago.

I can certainly offer you a phone call - but I will not be able to speak to you until tomorrow

It woudl help if you could give some background before we speak

Customer: replied 9 months ago.
Ok, that would be great. I'm on someone's phone - can we pick this conversation up on my laptop....?
How do I pick up our conversation?
Customer: replied 9 months ago.
Still need advise thank you
Expert:  Clare replied 9 months ago.

All you need to do is sign back into the site when you are ready!

Customer: replied 9 months ago.
This evening, between the hours of 17:30 - 20:00 a hand delivered letter addressed for my attention was delivered to my home.
It is an application for a prohibited steps order.
Amongst many things, it states the next hearing is tomorrow (6th July) at 2pm.
It suggests the court wishes to know if I can attend.
There are a catalogue of accusations and a statement from the mother of my children accusising a number of things.What does this mean exactly and what should I do ?!
Expert:  Clare replied 9 months ago.

What does she wish to stop (prohibit) you from doing?

Customer: replied 9 months ago.
Stop the children being with me after contact. The flowing has been in place since separation in 2013:
Week one: Thursday - Monday
Week two: Thursday
However, the children's mother suffers with a mental health ( I believe it to be Bi polar) and when she is in ill health both children come to me full time whilst she is not well enough to care for the children.
As an example: Up until the 26th June, both children had been with me for 47 of 62 days due to her condition.
I requested we share more equal childcare arrangements so to organise my work pattern and less disruption for the children when she falls ill. (Quite frequent).
This has resulted in the prohibited steps order but also a child arrangement order for the children to live with her so to give the children stability and security ( as per document)
There is a statement from 'her', outrageously fabricated to add to the case against me.
Whilst I need to know where I stand in relation to this, the document received States the next hearing is tomorrow (6th July) at 2pm. There is a statement from the claimant not wishing to notify me prior to this for fear of bullying.
The letter tells me I should email the court regarding my position whilst advising me to seek legal advice.
What is your advice overall? Especially regarding tomorrow ?
Expert:  Clare replied 9 months ago.

Are the school aware of her problems?

How old are the children?

Customer: replied 9 months ago.
School very aware. There have been several 'incidents' over the years which have resulted in support (primarily)for mum and children more recently.
E.g school suggested/requested external support for both children ( agreed by both mum and I) to help understand mums condition. This has subsequently been declined on the basis mums mental health support do not wish for me to know the full extent of her condition. (!)
The school are not aware of today's events, given the time.
Poppy is 8, Freddie 7.
Expert:  Clare replied 9 months ago.

Are they aware that you take over the care of the children when mum is "ill"

(I wonder of your ex realises that her mental health condition will have to be fully disclosed within these proceedings....)

Customer: replied 9 months ago.
Up until recently, I have not Proactivly engaged the school and disclosed any concerns or circumstance. The children have enough stress (as do I).They (the school) have made their own observations (over the school years) of mums behaviours (e.g. taking my daughter to school in vest and pants, as she would not get dressed) and offered assistance to her and how to help her manage the children.
the recent period until 26th June (as referred) I have disclosed the (some of) situation, as the children are more emotionally aware than ever given their age. Hence my amazement that the request for external support for their emotional welfare has been refused based on the fact her medical team do not wish for me to know the full extent of her mental health. This was related verbally to me by the school.
Expert:  Clare replied 9 months ago.

It would be helpful if you could get something in writing from the school to confirm what has happened to take with you to court.

I woudl suggest that you attend the hearing to morrow with a chronology of the last 12 months and request an adjournment so that

1. You can seek legal advice


2. Urgent safe guarding checks can be done by CAFCASS

I can call you in the morning if you would like -

Customer: replied 9 months ago.
Excuse my ignorance....
What is CAFCASS?Regarding the last 12 months. I have retained text etc.
Given its 1am and the hearing in 11 hours....what do I prioritise or do I just print all correspondence (non specific) given timescales?
I also read that all PD documents should be filed 11am the day prior to the hearing.
What are PD documents? If they relate to me I only received the order yesterday evening?
Expert:  Clare replied 9 months ago.

Children and Family Court Advice and Support Service

They will prepare a report and identify any safeguarding issues - in your case there are many relating to your ex's mental health

You can ignore the PD reference.

Take anything that shows that you regularly take over the care of the chidlren when she is ill.

Stay calm and polite.

Take someone with you and ask that they come in with you as a "Mackenzie Friend" to give you support and help with taking notes and sorting paperwork.

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