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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35044
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi there, I am in battle with my ex wife over the child contact

This answer was rated:

Hi there, I am in battle with my ex wife over the child contact of our 15 months old of son.

To date I have represented myself at Court and would appreciate some advice

We just had our first hearing as concerns had been raised with regard to my domestic assault on my wife. Which my wife lied to police to use it against me to prevent contact.

now police had charged with common assault bailed me with condition not to contact her.

Judge commented contracting the child would potentially breach my bail condition but this is wrong because my condition was varied to allow for contact hearings.

However I have secret audio recordings of my wife hitting the baby, would it help if I give this to the court.

On the first hearing the court ordered
A section 7 welfare report to be prepared by social services.

Next hearing date is in 3 months time,

The judge won't allow me to see my son until next hearing date when the section 7 report is filed and I cannot wait this long is there anything else I can do to get Interim contact order?
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
If you have evidence that your infant son is being abused then you must report it to Social Services immediately
Any delay will be seen as abusive on your part - and producing it to the court as part of a Contact Application would not go down well with the Judge.
You will need to have your bail varied again to allow for Contact (not the hearings) - and I am afraid you will only have contact if it is arranged as part of the Section & report - there is no basis on which the court will order contact without the Section & report
I am sorry - I know that this is not the news that you wanted - but it is the position that you are in I am afraid
Please ask if you need further details
Customer: replied 4 years ago.

the social services are aware of my allegation but they don't believe me they didn't ask to hear the voice recordings.

also what is section 7 welfare report about? how will it be done , will I be involved in it

Social Services will interview you and your ex.
They will review the Criminal records and will speak to the health Visitor.
they may wish to observe you with the baby.
They will then prepare a report as to whether or not contact should take place and if so what that contact should be
You can play the recording to the Social Worker if you wish.
Clare and other Family Law Specialists are ready to help you