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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 204
Experience:  Consultant Solicitor at Setfords
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Please I urgently need help because I have two toddlers boy

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Hi there,
Please I urgently need help because I have two toddlers boy 3years 6months and girl 1year 6months. Their father is not supporting financially meanwhile his visa was given due his British children. Since his named on their birth certificate, I will need his concern before taking them out of the country which I know he will not grant due to his abusive and controlling attitude towards me. He doesn't want children viccinated, and taking our boy to the nursery was an issue but had to do that all without his approval but since he is due to renew his visa, he's taken me to mediation meanwhile, I haven't for once denied him access to our children. And due to his past threatening behaviour, I have told my social worker I don't need him in my house. I need a driving licence so that taking kids to and from school be easier as well as to go return to work. Will the court grant me if I want children go stay with parents in my country for 3 months to acquire my driving licence? Please advise. Thank you. Doris
Customer: replied 4 months ago.
School to be easy as well as to work because due to unable to drive, I haven't return to work. My ex partner took me to mediation and when i made appointment to attend, I later received a letter from the mediator saying no need to attend because children father has asked him to sign form C100 because he want to proceed to court. Its been about a month now and no letter from court yet.
Customer: replied 4 months ago.
will the court grant me sole custody since he does not care about supporting our children financially neither does he want to allow them receive treatments, go to school as well as celebrate birthdays and if I go ahead without informing him and he later get to hear about it, then he begins with his threats that God will kill me and so on. And also, is there an Order to stop him from verbally abusing and threatening me especially in front of the children because I do not want them to copy such behaviour. Thank you very much for your help in this matter

Hello Doris, my name is*****

Before I can help I have a couple of questions. What country is it you are intending on returning to for 3 months. Why is it you would need to return to get a driving license? Could you not secure one in the UK.

It is likely that I shall not be able to respond until tomorrow.

Thank you.

Customer: replied 4 months ago.
Dear Malin,
I am from Ghana in West Africa.
What I meant to say was to take children to Ghana whilst I return to the UK without them so that I can do my driving lessons, pass then go get them back to the UK. Reason is I have already failed (4) times and it's been difficult to pay for both babysitter as well as driving lessons especially now that am on benefits meanwhile, their father isn't supporting either. Please feel free to ask any question you don't understand. Thank you. Doris
Customer: replied 4 months ago.
With regards ***** ***** payment, does it mean to pay an additional £43 to the initial £38 charged? Could you explain please

Hello Doris,

Does the father have any contact with the children?.

You have 2 options being:

You could apply to the court for a Child Arrangement Order for the children to live with you. You could do so on the basis that there have been difficulties in the past and you would like to take the children away on holiday overseas occasionally and you would anticipate difficulties with getting permission from the father.

The courts will only make an child arrangement order if they feel one is needed. This would be a good reason to justify an order being made.

The benefit of such an order is that you can remove the children from up to a month without fathers permission.

I appreciate that you would like them to go for up to 3 months to technically they would have to return and go back a number of times.

The alternative is to apply to the court for permission to remove the children out of the country on a temporary basis i.e 3 months. If you made such an application what do you think father would say? He could say that he would take care of the children for the 3 months while you learn to drive - is this likely?

If I am honest the court may find the reason a little strange. It maybe better to explain it another way being that it is an opportunity the children to spend quality time with your family and for the children to learn about their cultural background. In short the court will have to balance whether spending 3 months with their extended is in their best

intetests. Due to their ages they will not be missing school so on the

face if it there is no reason why they should go. It would be interesting to see what father says in opposition if at all.

I do hope that this helps.

Thank you.

Marcus

V

Hello,

As regards ***** ***** should raise that issue with customer services.

Thank you.

Marcus

Customer: replied 4 months ago.
The father used to come look after them whenever he want until about two months ago, he took me to mediation. His 2year and a half visa is about to expire so all he need is something to prove to the homeoffice I think. Because I have never for once stopped him from seeing the children but then he has decided not to ask about the them anymore.
Will contact customer services because as you said earlier, it is better we talk on phone. Thanks
Customer: replied 4 months ago.
I think you must know this, we have never been married and he was mostly with me because he had no visa and job until my first child was born and I named him as the father before able to secure his initial visa. In this case, do I still need to apply to the court for Child Arrangement Order please?
Thanks Marcus.
Doris

Hello,

The suggestion for a child arrangement order was simply to enable you to take the CV children out of the UK for up to a month each time without the need to get father's permission.

Thank you

Customer: replied 4 months ago.
Hello Marcus,
I have thought about your seggestion and I think that will only resolve the holiday issues without having ask his permission but then, the mean problem will still be unsolved. Which is stopping children from receiving treatments such as vaccination and so on and he tries to access their medical records to see if I went contrary to his wish then what I receive is threats and name calling in presence of the children and wouldn't bother if they cry or not. I recollect an instance where he told the kids to their face that they came from a stupid womb. Don't you think it is bad for infants to be witnessing such behaviour at this stage of their lives? It is very difficult to say all I went through with him and fear he will continue at any given opportunity so if there is any other application I could make to the Court in addition to the already suggested one please? Thank you.
Doris

Hello,

Sadly there is no real perfect solution. The court cannot make orders to take into account every eventuality.

The courts can make orders saying with whom the children live, spend time with the other parent etc.

The court can resolve and specific issue that arises relating to health and education and so on - but on a case by case basis when the issues arises.

Your are the primary carer so you should care for the children as you feel fit. If father takes issues then he is at liberty to make a court application to address what he disagrees with relating to issues such as medical treatment or schooling etc.

Thank you.

Marcus

Customer: replied 4 months ago.
I understand what you mean. But there are issues regarding all that and actually since our son was born and is ongoing. Actually i fear for my life for all his threats so I contacted my GP not to discuss kids medical history because wouldn't want him to find out our girl has also been vaccinated but as it is, it's difficult for GP as he is named on their birth certificate so GP agreed with me to give him a little information so he could get off my back in other to enable have time to apply for some sort of Order. My case is complicated and don't know how else to explain myself to get the help I need

Hello,

As I say sadly it is not possible to provide for every eventuality. Also we are going away from you initial question.

Maybe we could a call or can you as briefly as possible set out what you want to achieve.

Thank you.

Customer: replied 4 months ago.
If he could be stop from making
decision regarding children Education and Medical treatments they receive as well as have full or No access to their Medical Records.
- Stop him from death threating me as well as verbally abusing our children.
- Have a supervised contact
And lastly "recommended Order" Thank you.
Customer: replied 4 months ago.
Child Arrangement Order is what I meant by recommended Order.

Hello,

To be entirely honest you are unlikely to acheive what you want.

If he could be stop from making
decision regarding children Education and Medical treatments they receive as well as have full or No access to their Medical Records.

There is very little prospect of an order on this basis being made.

Stop him from death threating me as well as verbally abusing our children.

This is entirely possible and an order on these lines can be made.

Have a supervised contact

This is also possible but usually only in the short term. It is unusual for contact in the long term to be supervised.

Child Arrangement Order

This is also possible to provide assurance for you and the children.

Every case is different and dealt with on it's own facts.

Thank you

Marcus

Customer: replied 4 months ago.
Right. So can the below Orders be applied for as a joint application? And if yes, could you give me name of form to be used for such an application please?Stop him from death threating me as well as verbally abusing our children.This is entirely possible and an order on these lines can be made.Have a supervised contactThis is also possible but usually only in the short term. It is unusual for contact in the long term to be supervised.Child Arrangement OrderThis is also possible to provide assurance for you and the children.

Hello,

To apply for a Child Arrangement Order you use a C100 - google 'court form finder'.

You send 3 copies with the court fee of £215 to your local family court.

This application deals with the application for a child arrangement order and the supervised contact.

The court can include within any order a recital as regards ***** ***** and we what is expected etc.

I would just warn you in relation to the supervised contact the court will hear your concerns but may not entirely agree. As I say supervised contact is often short term.

Thank you.

Marcus

Hello,

Your feedback would be appreciated.

If you require any further clarification please ask.

Thank you.

Marcus

Customer: replied 4 months ago.
Hi,,
Was wondering if there is nothing at all to be done to stop a father who threatens a mother for allowing children to given be vaccinated please?
Customer: replied 4 months ago.
Thank you.

Hello,

If you are being threatened for whatever reason you could apply for a non molestation order or better still make a complaint to the police. They should serve him with a warning and if he breaches the warning je can be charged with a criminal offence.

Thank you.

Marcus.

Customer: replied 4 months ago.
Alright thank you. So does it mean that he cannot be stopped from using his parental rights to prevent his kids from receiving any medical treatments even though am I one who cares for them? Many thanks.Doris
Customer: replied 4 months ago.
I am asking all these questions because my GP thought the court can give some sort Order whereby the children records will not be disclosed to him.
Thank you

Hello Doris,

The court can make ordersrelating to medical notes etc but would only do so in the most exceptional cases as it fetters his Parental Responsibility.

I am sorry I am unable to give you the answers you maybe want but I have to provide honest advice.

Thank you.

Marcus

Customer: replied 4 months ago.
I appreciate your honest advice. Thank you

Hello Doris,

I do hope all goes well for you.

Thank you.

Marcus

Customer: replied 4 months ago.
I pray so. Thank you

Hello Doris,

Your feedback would be appreciated.

Thank you

Marcus

Customer: replied 4 months ago.
Sure I will. Thanks
Customer: replied 4 months ago.
Hello Marcus,
I was wondering if you do assist in filling out the court form/presentation of case?
Thanks
Doris

Hello Doris,

It is difficult to assist save with forms etc although you can provide forms completed by youself for my comment.

If you request a telephone call then we can 'link up' and I will be able to assist.

Thank you.

Marcus

Customer: replied 4 months ago.
That fine, I will print out the form, fill it and then request a telephone call. Thanks

Thank you.

MARCUS Malin and other Family Law Specialists are ready to help you
Customer: replied 3 months ago.

Hi Marcus,

Contact number is ***********.

Could you contact me ASAP please? Many thanks Doris

Hello,

In order for us to have a call you need to request a call via the Premium Service.

Once that is done I can respond and accept the call.

Thank you.

Marcus