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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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What happens at an emergency child arrangement order first

Customer Question

What happens at an emergency child arrangement order first hearing?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain a little more about the background to your question please
Customer: replied 3 years ago.

Morning Clare,

My nephew has applied for an emergency child arrangement order for his two children (10 and 6) after his ex partner tried to move the children out of the area to move in with a new partner (of only two months). The children do not like the new partner. The new partner already has a police and court record of intimidation and harassment of a former partner, and is prevented from seeing his own child by that partner.

My nephew is concerned that Mr Crompton - the new partner - cannot provide a proper home for his children; nor can he be relied upon to treat them well.

My nephew's partner - the children's mother - is behaving very erratically following the suicide of her father, and has a record of threatening self-harm. She has refused all efforts from my nephew to reach a negotiated agreement on custody and visiting rights, and has refused to apply for mediation.

My nephew has applied for an arrangement order, is asking for the court to instruct mediation. In the meantime the two children are staying with him and his mother (the children's grandmother).

The court hearing on his application is at 1000 today

Customer: replied 3 years ago.

My nephew is very nervous. He has been told by the court that his ex-partner has also made an application for a child arrangement order.

He wishes the children to stay with him until he and his ex-partner have gone through a mediated process

Customer: replied 3 years ago.
Relist: Other.
I need an answer by return for the reasons stated. This is an urgent query. It is disappointing to get a 15 minute countdown to Clare's response and then nothing for over 30 minutes
Customer: replied 3 years ago.

Given your inability to answer substantively before the court hearing, please can you cancel my question and return my payment. I am disappointed that, having given the impression of a 24/7 service, and having chosen the urgent option, that the response was delayed repeatedly (especially after the 15 minute countdowns!). However, if you are able to quickly refund payment, there will be no hard feelings and I may use you again in the future. FYI, the urgency was a function of the court only informing us of the hearing that takes place 1000 this morning, by phone at 1600 yesterday afternoon. regards, David