Ask a Family Law Question, Get an Answer ASAP!
Hi, thank you for your question. Are you still in the family home or have you moved out?
Are social services involved and were the children present when the incident happened?
Thanks for confirming. The incident that happened is obviously concerning and she could argue that the domestic abuse may impact the children, however, given your 4 year old was at school and the young age of your youngest, it will be difficult for her to attempt to impose supervised contact. However, to get things moving is there anyone, such as amicable friends or family members that can assist with some level of supervision to recommence your contact with the children?
For your information, your children have a right to a relationship with you and this can only be reasonably restricted if there are child protection concerns. If she does not agree to any proposals you make I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
It may be best to at least agree to that to prevent any long delay in you seeing them and at the same time for you to proceed with the above course of action
The mediator will only be assisting to progress communications towards an agreement and they cannot advise on what should be agreed - this is where solicitors and a court will get involved.
As stated previously, supervised (where someone takes notes of what happens during the sessions) and supported (where someone is there to ensure that contact takes place without issue, but they do not take notes) is usually for cases where there is a risk towards the children or where the parent has not seen the children in a while and they need to develop the relationship between them. As the children did not witness the violence and this was the only time, from your information, it would likely be unnecessary for contact to be supervised, especially in the long-term.
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.
I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris