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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
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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I am posting the following question about 10 mins ago, but

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I am posting the following question about 10 mins ago, but it seems that somehow it did not reach you. Unfortunately I am on a sex offender order. My original, and the only one offence happened in 1997, indecent assault , on two ten age old sisters. Later
on I was put on a SOPO, which was almost unmanageable. In April, Public Protection Unit (PPU) approached and they drafted and got approved a new varied order, as given below: 04 April 2014: Extract from my new varied Order Terms of variation: (my name) must
not have any contact with any female child under the age of 16 years other than: such as inadvertent and not reasonably avoided in the course of lawful daily life or where the child is accompanied at all times by a person aged 18 years or more which has not
been convicted of a sexual offence, an offence of decency or any offence against a child and with the consent of the child’s parent or guardian who has full knowledge of his sexual convictions and the existence of the order. The order is to last until the
4.4.19 I got remarried about 6 years ago. My wife is pregnant, expecting a baby boy in October 2015. A social worker about two weeks ago came to our house. My wife has recently come to this country, so we had asked her to bring an interpreter. But she came
without an interpreter, saying she could not find one. My wife let her in for not being taken as uncooperative. I hope my wife got the gist what the social worker told her but surely she could not explain as much she would have liked to. The Social Worker
did not involve me in the meeting. I hope my wife understood her rightly, when the Social Worker advised her to keep me away until next April 2015, when the period of 15 years of me being on sex offender register expires. Also I would like to point out that
my 15 year period on the Sex Offender register finishes in April 2016. I have found the following Comments from senior judges Judge Gareth Jones said that social services were not above the law and said he suspected that proper procedures were not followed
by Anglesey Council in order to save money. Mr Abberton argued that there was no legal basis which breached their client’s human rights to a family life Please note that the children services did not follow the proper procedure. Despite our repeated request,
she came without an interpreter, and that she did not involve me, the father. And please note: 1. 1. The SOPO, as quoted above, does not prohibit any interaction with boys. 2. I have no offences against my own children. 2. the judge reinforces the point that
if there is no threat, there should be no restrictions. 3. Contact with girls u/16 as long , as the girls’ parent are aware of my conviction, as I am not alone with them and it is supervised by an adult with no previous sex related conviction The same social
worker is coming next week to see both my wife and myself. So could you kindly advise me what the next line of action we should take? We do not want the family to split. How can we convince her that I am safe with children? Regards, ***** ***** xxxxxxxxx
747 735 If contacting me by phone, please do so before 3 pm any day this week.
Customer: replied 2 years ago.
Will it help if I can go to the court and get my SOPO varied as no prohibition on contact with my own children, males or females? And it is two teen age old and not ten age, as misspelled above.
How old are you and do you have some one who can interpret for your wife
Customer: replied 2 years ago.
Thanks Clare. I will be 73 in two weeks time. I have 5 daughters, one son - all now adults - from my previous marriage. I got remarried 6 years ago. My wife has no children. I had told all about my past to her. I did not want any children, but she did. At this age, I have not got any active sex drive. The pregnancy just came along. I am absolutely sure that it is my child. The social worker wants to see both of us next week - and we are going to give her the time and date, before 2 pm on Friday, 31 July. I can interpret my wife, but, as it being a very sensitive matter, we don't want any friends or relations to get involved. Though my SOPO doesn't apply to boys ( my wife's scan showed that she is going to have a boy), will it help if I get my SOPO varied again as no prohibitions on contacts with my own children. My wife can’t leave the UK for more than 3 months until she gets her British Nationality granted, which we are hoping to be done by December, 2015. She is 30 – works full-time. We have just bought a new house. I also work full-time. I mainly work 12 hours night shifts as a security guard and she works during the days and going take an year off work commencing September. We are devout Muslims and in our religion you will hardly find, especially in this country, a father abusing his own off- springs. Several months ago, after a rigorous risk assessment, children services allowed me to have contacts with my two grandchildren and there have never been any issues about them.. Back in 2007, I was done for breaching my SOPO as I attended a gym. No custodial Sentence – only was ordered to attend the SEX OFFENDER TREATMENT Programm for 2 years, which I completed successfully. The breach was absolutely un-intentional – the gym started from the age of 15 years, which was never told to me, was not mentioned anywhere in their brochures or publicity material. Nor did I know about it. The positive side of this breach had been that though I attended the gym for 42 days, but never ever spoke to a child. Which shows how safe I was to children, despite having a chance of coming into contact with them? The breach was against a section on my previous SOPO, which prohibited me not get involved into any activity which MIGHT bring me into contact with children. This clause was so ambiguous as you possibly cannot avoid coming into contact with children as they are everywhere – down the street, shops, mosques, doctors’ surgeries, weddings, funeral, buses, etc. This section, along with other horrible clauses now has been removed. Until the pregnancy came along, I thought that my SOPO was almost as good as being on NO SOPO. When I was put on my new SOPO, my solicitor said that he would apply to get the SOPO lifted and come off the register at the same time next year in April 2016.
When the Social worker came to see my wife, she had told her to keep me away from the baby until April 2016, when I should be off both the register and the SOPO – I hope she understood the Social Worker properly as there is nothing in writing has been yet given to her.
I am sorry if it sounds as I have waffled or being repetitive. Only I would like to know how can we stop the children services splitting the family – a basic human right as well?
Are there any restrictions at all on your contact with the children?
Customer: replied 2 years ago.
No other restrictions except the restrictions as on my SOPO, a copy of which I have already pasted on my original question. However I am pasting again below for your ready reference. Please note there are no prohibitions on boys: my wife is expecting a boy in October 2015
Please be quick in answering my reply04 April 2014: Extract from my new varied Order Terms of variation: (my name) must not have any contact with any female child under the age of 16 years other than: such as inadvertent and not reasonably avoided in the course of lawful daily life or where the child is accompanied at all times by a person aged 18 years or more which has not been convicted of a sexual offence, an offence of decency or any offence against a child and with the consent of the child’s parent or guardian who has full knowledge of his sexual convictions and the existence of the order. The order is to last until the 4.4.19
Customer: replied 2 years 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.
Customer: replied 2 years ago.
I am only willing to pay once, £26 which I have already agreed to. No extra charges for a phone answer, please
The fact that there are no restrictions on boys is not relevant in terms of your having your own child - the problem is that as he grows up he will have friends who may be girls and Social Services have to assess the risks involve din that - which will be balanced against the fact that you will be 83 by the time this is likely to be a concern
You have ample time to resolve this issue before October so try and stay calm in your dealings with Social Services.
You do need a translator so if Social Services do not bring one you need to employ one yourself - it is important that Social Services feel happy that your Wife understand the details of the situation
You need to ensure that you acknowledge their concerns and ensure that the assessment is completed
Given the details I would expect that there will be no problem - but you do need to ensure there is a translator
Customer: replied 2 years ago.
Thanks Clare for your response, rather belated. However it is better late than never. I was thinking you had dumped me soon after the beginning. Thanks any way or such helpful response.
I want to point out the following: please correct me if I am wrong. It is all about you mentioning my son bringing girl friends when he gets older, 10 years, when I reach 83.
1. You will note from my SOPO that I am allowed to have contact with u/16 females, supervised by an adult who has no any previous sex related convictions and that the girl's parent are aware of my past conviction. So I am covered if my son’s girlfriends parents are made aware of my past record
2. Anyway, I won’t be on the Sex offender register or on the SOPO when my son will reach 10. My SOR expires in April 2015, and SOPO in 2019. However my Solicitor is going to get me off the both next year, April 2016.
3. We are devout Muslims. The Social Services when making assessment take into account your religion and culture. Our Son will never bring a girl home, when he is ten or twenty or even older. I have 5 grown-up daughters and a son from my previous marriage, and none of them brought any boyfriends/girlfriends home.So do you still see any problems when my son gets 10 years old and by then I will be 83.?
It seems from your response that viewing my circumstances you don’t seem to have any other problems from Children Services stopping me to have any contact with the son to be born. However by any chance if my wife gives birth to a baby girl, then where do I stand, as there are some restrictions on me having contact with girls? My 17 year ago conviction did not involve my children, boys or girls.
I am sorry - you misunderstood my comment.
You cannot simply say that since your child is a boy there will be no problem.
The father of a child is usually seen as a "safe"person by other parents - and unless you wish to have to tell your history to the parents of every other child your child comes in contact with then technically there could potentially be problems
Equally you cannot argue your religion as a safety net - since it did not prevent you from committing the offences.
Customer: replied 2 years ago.
Thanks Clare for your comments.
Re my son bringing girls when he is 10 yeas old – and then I will be 83.
With all due respect, May I draw your attention to my posts.
1. My offence took place 17 years ago. In this long period any one can change. Even than I had strong mitigation circumstances.
2. At the age of 10, when I will be reaching, it’s highly unlikely he will be bringing home any girls. I have six grown up children from my previous marriage and they never ever brought any boys/girls home.
3. I have lived in this country over 50 years and II have not seen any Asian Muslim family where the boys/girls bringing their boyfriends/girlfriends. (not mentioned by me before)
4. And worst come worst, even if my son intends to bring girls at the age of 10, or at older age for that matter, my wife and I won’t allow him to do so
5. My 15 years period of being on Sex Offender Order period expires in April. Though my SOPO’s expiry date is April 2019, my solicitor hopes me to get off the SOPO as well. You can’t be on SOPO if not on the register. Anyway, I won’t be on either of them in 10 years time. So legally there will be no restrictions.
Have you any comments to make? I appreciate your response is based on your vast experience on family matters, and surely you would avoid commenting what I would like to hear. Though I feel that my posts were not fully read. All the concerns raised have an answer in my posts. . Also it took me 3 weeks to get an answer, though it could be the fault of the Service. On similar matter I have used this service before, and I had prompt satisfactory responses. I am waiting for the social worker to come with some legal papers and then I may contact you again. Thank you very much for your response any way.
I was trying to explain to you the approach that Social Services are taking - you need to understand that if you are not to cause yourself more problems..
They have to risk assess on the basis that there is a possibility that the parents of other children at school with your child will automatically see you as a "safe" person and treat you accordingly - and Social services I am afraid do not see you as a "safe" person.
It is not about who comes into your home - it is about who sees you as being no threat whatsoever.
Equally to an extent the SOPO and Register are of little relevance to the Social Services Risk Assessment - they operate on separate guidelines
i am sorry but you are taking those issues too literally - and Social Services will not do so.
You cannot use either of those arguments to Social Services as reasons why there will not be a problem - and you MUST not speak about "mitigating circumstances" ever
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanx. I see the issues you are making me aware of.
Customer: replied 2 years ago.
HI Clare,Recently you offered my to ask any questions for a week. May I take this opportunity now. The following is a follow up question you have recently responded to.Hello: You will notice from my previous posts that I am on SOPO which has prohibitions that I can have contacts with females under 16 only under supervision. It has no restrictions on contact with boys u/16.
I got remarried about 6 years ago and now my wife is pregnant and expecting a baby boy in November 2015. Now there has been a midwife and two social workers to our house. Apart from the first Social Worker, who met my wife only but not me, the other two women seemed to be sympathetic. They are referring me to a psychologist for assessment.
Now I am weary that she/he might put words in my mouth. I wonder what she/he will be asking? Will she/he be assessing that whether or not I am: a) safe with girls, b) safe with boys c) safe with my own children? Why the Social Worker do not accept that the Law allows me to have contact with boys; the social workers can’t be above the law. I wonder if it will be helpful if I could go to court and get my SOPO varied lifting any restriction on my children to be born, boys or girls? How this can be incorporated in my SOPO as it works on Prohibitions, But can an exemption may mot be added?A quick reply will be highly appreciated. I have read senior judges remarks that restriction son contact with the offender’s own children might only needed if he had previously abused his own children. “Smith: If there is no suggestion of risk to defendants own family it is unnecessary to impose restrictions which extend to them. If such a risk exits any order ought to be subject to any order made in family proceedings”
This is not about Contact with your children - it is about you having a child in your home and all the issues that I pointed out to you in the last answer.
You are seeing the psychologist so that he or she can assess your understanding of your offences and whether or not you are still a risk to children of either sex