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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1389
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Good evening I need some free advice. My ex girlfriend has

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Good evening I need some free advice. My ex girlfriend has been sectioned under the mental health. This is the third time. We have two children whom both live with me. However I've appointment myself to go to court to gain residential rights with an agreement to allow there mother access. However I would like to know what things I need to prepare for, as I will be representing myself due to lack of funds. Can you help..Many thanks.
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- how old are your children?
- what is the mothers diagnosis? how long is she to be hospitalised?
- do you consider the mother poses a risk to your children?
- have you already made your application to the court? whaen is the first appointment at court?
Kind Regards
Customer: replied 2 years ago.
My children are aged 10 and 14 years of age. The mother does not pose a risk to the children however she just can't cope looking after herself and the kids. She has now been released from the hospital and the kids are with me. I'm still awaiting a day to attend court. However I would like to be ready. Yes my application for the court has been sent. Many thanks Paul
Hello Paul
Thank you for your response
Please may I also ask:
- have social services been involved?
- how long have your children been living with you?
- is there a routine in place currently for your children to see there mother?
- have your children expressed their wishes and feelings?
Kind Regards
Customer: replied 2 years ago.
Yes the social services are involved and have done there assessment where I live. My kids have been with me now for about 3 weeks now. And no there isn't a routine in place for there mother to see them. As we can't seem to find a common ground. Regarding the boys wishes they have told me they both want to stay with me because there feel they mother can't cope looking after them. Please any other questions please let me know. Thanks
Thank you for your response.
Please accept my apologies for my delay in responding to you.
The court will write to you shortly with a hearing date. The first hearing will usually take place within less than 6 weeks time.
Before the first hearing a Childrens and Families Court Officer ( known as Cafcass) will contact you and speak to you by telephone. They will ask you to explain why you are making the application to the court and the concerns that you hold about the mother.
Cafcass will also speak to the mother and ask the same questions.
Cafcass will also undertake Safeguarding Checks. This will involve checking will Social Services and the Police. The recent assessment with social services will be made know to Cafcass.
Prior to the first hearing Cafcass will send to you and the mother a Safeguarding letter. The Safeguarding Letter will make recommendations as to how this case should progress. Cafcass will also be in attendance at the first court hearing. The first court hearing is very much led by the recommendations of Cafcass and the court will likely make directions in light of the recommendations they make.
Given the information you have provided to me I would suggest that the likely recommendations that they will make will be as follows:
- a full report to be undertaken to consider the welfare issues you are raising in respect of the mother to include a recommendation as to where the children should live, the time that they should spend with their mother. The report will also likely take into account your childrens wishes and feelings in light of their age and understanding.
Such reports normally take about 12 weeks to complete.
It is then normal practice for a further hearing to take place after the report has been completed. If all parties agree with the recommendations - then it may be possible to make a final order as the next hearing in line with the recommendations of the full report.
If both parties do not agree what the final position should be following that report then the case will then be listed for a final hearing. At the final hearing the court will then make the decision as to what the final order should be.
Please do not hesitate to ask if I can clarify anything for you.
Kindest Regards
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ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much and for the information.Paul
your very welcome Paul
Please do not hesitate to ask if I can assist you further
all the best