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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33807
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son and his partner were separating. They had a row which

Resolved Question:

My son and his partner were separating. They had a row which turned violent -but his actions were those of restraint. She rang the police and said he had tried to kill her. This was not believed but he admitted he had physically restrained her - he went to the magistrates court and pleaded guilty - despite the fact he was the one who was injured. He was given a conditional discharge. Now his ex partner is using this incident to stop him seeing the children. She is behaving very erratically and has started to say he has abused her. He went to court approx. 6 weeks ago. Would it be worth him now pressing charges against her? Or would this just hold up his efforts to get access to the children. could he just ask for the papers so he could take them to a solicitor for advice?
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.

Im really sorry but there is no point in evening trying. They will not be interested.

Expert:  Jo C. replied 7 months ago.

Thanks. You have left a negative rating so I'm unable to continue.

All the best.

Expert:  Clare replied 7 months ago.

Thank you for your question

My name is Clare

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

How old are the children and when did he last see them

Customer: replied 7 months ago.
The children are very young - 4, 3 and 18 months. He last saw them about 4 weeks ago.
Expert:  Clare replied 7 months ago.

Has his ex simply said no or is she saying that she has spoken tomSocial Services?

Customer: replied 7 months ago.
She has been blowing hot and cold, she says she is having counselling for abuse. Her mother sent my son a message saying she thought his partner could be having a breakdown. When she is in the mood to say he can see them she just then makes it impossible. He has not been abusive - but she has been emotionally abusive and controlling. the only thing she has against him is the incident when he went to court. just the pictures they took would show he was the one who was injured. he wants mediation but she is ignoring all approaches from them.
Customer: replied 7 months ago.
I, and other family members have messages she sent to us saying what a wonderful father he is and she cannot wait for the children to enjoy their wonderful relationship with him again. Messages saying that she knows she is controlling and a bully. then she sends messages saying my son is mentally ill and a psychopath. He is not. I am so worried for them all. he needs to see these children.
Customer: replied 7 months ago.
I'm sorry if i'm bombarding you with info. she took out a no contact order against him - and then shortly after sent him an abusive text. she has carried on messaging him and went to see him at his workplace - and caused a bit of a scene.
Expert:  Clare replied 7 months ago.

Would her mother be willing to intervene and help organise contact?

Customer: replied 7 months ago.
She is supposed to be the contact to discuss such things but she seems to blow hot and cold as well. She does not seem willing to do anything constructive.
Expert:  Clare replied 7 months ago.

The law says that a children are entitled to contact with both parents and the courts will enforce this if necessary

The incident you referred to at the start is a problem - but not a major one - and it is not enough to prevent ongoing contact.

He should try and discuss a pattern of contact with his ex using Family mediation

www.familymediationcouncil.org.uk

If she refuses then he can apply to the court.

She will raise the allegations - and this may mean that ocntact will need to start in a Contact Centre - so if she offers that he must grab it - it will move on from there swiftly - and any ocntact is better than none.

He can get more ideas on the website here

http://theparentconnection.org.uk/

Please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 33807
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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