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Ask MARCUS Malin Your Own Question
Category: Family Law
Satisfied Customers: 610
Experience:  Consultant Solicitor at Setfords
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I am in court on Wednesday as my ex is going for full

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Hi there, I am in court on Wednesday as my ex is going for full custody and cafcass has recommended it to the judge as he has made up lies about me. I have two children and my current partner is in prison but he is due release early next year but he is aloud no contact with my son as his dad has made me lie and say my partner has hit him and put words into his mouth he has ADHD and autism so is very confused and is very upset why he can't see my partner as they are very close, my partner previously got into a drug problem but is clean of this and ashamed of his offences but he just wants to be released and go back to work as he works away on boats, cafcass have now got to do a section 7 on me to decide where the children live, my kids dad left me for another woman and has only started stepping up since social have been involved and I got with my partner as we lived in Scotland with his family but I have moved back to England, cafcass want a interm order put on my partner for no contact, how am I able to show he's no risk to my children and my partner is lying about so many things but social will not write my view of things in reports. Do I need to finish with my partner of over a year to keep my kids or fight this and show there is no evidence or investing evidence my sons been hit as he hasn't and keep going. My ex is also not happy about me moving to a certain part of England as he knows my current partner could come back to live with us.

Hello, my name is*****

Has the s7 reported been completed or is the hearing when the report will be ordered.

What convictions does your partner have and when is he being released.

Thank you.


Customer: replied 8 months ago.
No it will be carried out after the hearing and also its dating back to 2000 and mainly just fights he's had and boat fines, he is due release early February 2019
Customer: replied 8 months ago.
Where will I stand at court as cafcass has recommended dad get some full custody because I won't finish the relationship also the dad is making lies up saying I'm an unfit mother. Cafcass are putting in to the judge they want to see what contact arrangements are made whilst the social services get the section 7 carried out.


It takes alot to change current arrangements. I presume the children are in your care.

The starting point is that they remain in your care.

Clearly your ex's issues are in respect of your partner.

Ideally there should be a risk assessment of your partner but that could prove difficult for obvious reasons.

Also what you say is important and your attitude towards your partners offending. You have to be accepting of some risk - you do not get sent to prison for no reason. It is all about recognising risk.

If you are seen as excusing your partner's behaviour and not accepting of any risks i.e what happens if he gets in a fight while the children are present - then it could be said that you will not be able to protect your children.

So you just need to get the balance right. Of course you will be supportive of your partner but by equal measure you need to accepting of some risk even if that risk was low.

I do hope this helps and provides some guidance.

Thank you.



Your feedback would be appreciated.

If you require any further clarification please ask.

Thank you.


Customer: replied 8 months ago.
Hi there, yes shall be in process of feedback as it's very helpful thank you, ***** ***** hoping to bring to court a fact finding hearing to proove my partner hasn't hit my son as it's hear say done maliciously the main problem is that I have let my children be exposed to my partners character, I do not condone what he has done he was under the influence of drugs and barley remembers committing the crime but it doesn't make it right but he wants to be released and stay clean away from drugs and move forward, i realise I have to show I accept responsibility and it's not good about his crimes but is the only way to keep my children having to end my relationship with him? What advice can you give me what the judge will see in court as the children's father is wanting full custody and he lives in Scotland but has only supported the children since all of this he has never paid child maintenance at all but I need to proove and show the judge all I can to show I can protect and look after my children, my partner is happy to have risk assessments done on him when he is released but they just want to put an interim order on him when he's released to stop contact with him and the children, he has two children he has a good relationship with himself, thanks


The starting point has to be the children remain with you. It would usually be virtually impossible for a father to secure a change of residence.

Any move will cause the children disruption so the benefit of such a move must outweigh the disruption.

As regards ***** ***** of your child being hit where it that come from a disclosure from the child?

Thank you.

Customer: replied 8 months ago.
Would that still be the case if cafcass has recommended it to the judge they should be with the father? It happened when the children went the weekend to their dads and was told my son told his dad and dads mother but words have been put in his mouth and he was confused but the father is now changing it saying my son said I was also there and witnessed it. Since the allegations my son is saying he's never hit him and he's only ever played with him and he is always asking about my partner why he can't see him and says his dad tells him the police took him away as he's naughty and my son is very unsettled why he can't speak to him he was very close to my partner as he was great with them, cafcass has put in reports that they are concerned as to why my son would say this and I haven't asked why he's saying it but I have and I have said it's because his dads family tell him bad things about my partner and I have been there when they have and stopped it. I want someone to speak to my son as no one is talking to him my social worker asked him if he liked my partner and he said yes but hasn't been put in reports made this is why I am wanting a fact finding hearing. I have a problem as I am not entitled to legal aid and can't afford a solicitor so have to represent myself, the children haven't been in school since I've moved for four months, but there's been delays with education plans being sent down and I have now got them into school but cafcass has said it's basically because I haven't been bothered they are blinded and listening to their dads lies so I'm in a difficult place with it, I will Be putting across my kids come first


The court could be persuaded by CAFCASS but it takes alot to change residence without a full Section 7 report during which your children will be spoken to.

I have dealt with quite a number of cases similar to yours with varied outcomes.

My only concern would be acceptance of your partners alleged behaviour and the truth of any alleged disclosure. If you entirely ignore even the remotest possibilities that something could have happened the court would be concerned. You need to accept that something might have happened even if just accidental or something that has been misinterpreted.

The truth is with your partner in prison for violence he clearly has the propensity to act in the alleged manner.

You also need to be very careful with what you say. For instance you say he barely remembers the offence he committed as he was under the influence of drugs. If he is under the influence of drugs how can you safeguard your children.

I know you appreciate all of this and I do not want to be coming over as negative.

As for now he is not on the scene therefore there are NO safeguarding issues. So on the face of it no need to remove the children.

Moving forward and more long term you need to fully accept your partners offending and not belittle or excuse his behaviour. Your partner has to prove himself that he wants to change. You need to be proactive. If I was acting for you I would want him to go on a parenting course and anger management course upon his return. I would want him getting all the help available whilst in prison. In short he has to prove he is committed and a good person. He needs to walk the walk.

It will be a long process and sometime before he would be allowed near the children but he will get there if he determined and genuine.

The courts love nothing more than people who have turned their life around.

Thank you.

I hope you received my answer.
If you require any clarification please do not hesitate to ask.
I would ask you to kindly provide feedback.
Thank you.


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