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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33997
Experience:  Over twenty-five years experience
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Would a judge take into account that ex partner has non

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Would a judge take into account that ex partner has non molestation order on him to do with ex partner and her children when ex partner is having access to my child

Yes. The court would be very interested in such behaviour. The court also has a duty in case involving children to consider whether there has been any form of domestic abuse in the relationship - this is set out in something called PD12J and the court must consider this is every case. I hope that this helps and please rate positive.

Customer: replied 5 months ago.
My solicitor wouldn’t bring any of his ex’s molestation order etc into account as it doesn’t involve me and said it doesn’t involve my case? Do you agree?
Customer: replied 5 months ago.
It’s been to court and my solicitor didn’t fight for me
Customer: replied 5 months ago.
Can you please reply

No I do not agree. These are factors which can show what this person is like and that he is a risk to the children.

Customer: replied 5 months ago.
My children are on child protection due to the fact that I was in a domestic relationship and with a narccistic, he has had 30 arrests from his ex partner due to domestic abuse but not charges as couldn’t prove and there is nothing on his pnc, if I stop contact because of all this what will happen please?

If there is a court order in place and you stop contact then the court can seek to enforce the contact. If social services tell you to stop contact then that is clearly much better.

Customer: replied 5 months ago.
Social services said that if I’m not happy with the contact etc to stop it, I asked them if they would remove my children if I did that and they said no. I have shown them all the reference numbers his ex partner have sent me with police numbers and they said it is down to me to get all the information thru my solicitor?

Well if they have concerns then I would certainly consider stopping contact. You can make an application to the court to suspend the contact. If it helps there is a very good book on this topic - I have attached the link - https://www.amazon.co.uk/d/Books/How-Represent-Yourself-Family-Court-understanding-resolving/147211910X

Please remember to rate positive.

Customer: replied 5 months ago.
He was granted first thru court he had to be supervised by social services, they did that for 2sessions then have my ex my son for the day to take to Birmingham going against the court order?

That is why I would apply to suspend the order

The book would also help you

Customer: replied 5 months ago.
I have just ordered the book now, do you honestly think I have a leg to stand on?

Yes. It would be helpful if you get something in writing from social services.

Please also rate positive.

I hope that answers your question. Please ask anything as necessary.

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you.

Customer: replied 5 months ago.
What will the judge do about his non molestation order will he still let access commence as he has awarded him access but doesn’t no about the non molestation order?

If you make the court aware ion the non molestation order then the court would have to consider PD12J which could well be used as a reason to suspend contact.

Customer: replied 5 months ago.
What is that then? Social have only seen him twice with our son and that was with his parents present not on there own?

It is the practice direction which states that if there is domestic abuse there should not be contact unless there has been a suitable risk assessment - https://www.judiciary.gov.uk/publications/president-of-family-division-circular-practice-direction-pd12j-domestic-abuse/

Customer: replied 5 months ago.
There was domestic abuse and my 3 children have told social and police what he did to them and they didn’t believe my children ? I was petrified to say anything. As there is domestic abuse with an ex will the judge look at that with my case?

Yes he will.

Customer: replied 5 months ago.
Okay thank you I’m so scared

The you need to make the application and if it helps refer the judge to PD12J. I hope that this helps and please rate positive.

Customer: replied 5 months ago.
Will social take a dim view of me taking it back to court and stopping access?

Not from what you have said

Customer: replied 5 months ago.
Why won’t social look into all reference numbers I have gave them etc as they are meant to be there to protect children, and be there for ppl who have been in a domestic relationship but I just feel that with reports they are all against me?

I can not answer why they have not done things. I can simply answer your question which I have hopefully done for you. I hope that this helps and please rate positive.

I hope that answers your question. Please ask anything as necessary.

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you.

Customer: replied 5 months ago.
Are social not meant to look into it? They have handed control etc and child to an abuser

They should. Yes. That is their role and duty.

Customer: replied 5 months ago.
Okay thank you feel like I’m hitting my head against brick wall

I can see that. Its very frustrating for you. But I have given you the tools now. I would also buy the book. Please rate positive for my time.

Customer: replied 5 months ago.
I have brought the book will that help me a lot?

Yes.

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you.

Thomas Judge and other Family Law Specialists are ready to help you