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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 552
Experience:  LLB (Hons)
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My son was convicted of punching his girlfriend whilst she

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My son was convicted of punching his girlfriend whilst she was holding their son, resulting in her having bruising to her face and the infant having a bump on his head. It was in retaliation to him being pushed over. He has never done anything like that before. This incident happened 3 months ago, and the ex has refused to let my son have access to their 20 month old child. She also has a 2 year restraining order. What are the chances of him being able to have access to his son?
Customer: replied 1 month ago.
Im also now concerned that she will go to the Police and say that our conversation is breach of Restraining order, even though my son is unaware of my contact.

Hi, I'm Lea and I am reviewing your query.

Do you mean that you seeking some initial advice on here might be a breach?

Customer: replied 1 month ago.
Hello, I would like to know how my son should proceed and I am also concerned that by talking to his ex via Facebook, I may have caused a breach?

I see, bear with me whilst I type up a response for you.

Customer: replied 1 month ago.
ok, thank you

Firstly, if the restraining order states that your son must not contact the mother, or cause others to contact her on his behalf, then you contacting her will be a breach of the order. However, depending on the type of restraining order, the order may also state that there is an exception in respect of trying to arrange contact with the child. If you have a copy of the order, please attach it using the paperclip and I will review it for you.

Secondly, even though there has been violence and the child suffered an injury, it is not at the level where the courts would consider that no contact whatsoever needs to take place, and therefore it is likely that your son will be able to gain some contact - probably supervised for a period of time.

Your son is obliged by law to try mediation to see if that will resolve matters. You will see from the attached application form that the form must be signed by a mediator before he can apply to the court. Whilst your son will still need to attend a MIAM to get the form signed by the mediator, mediation clearly will not work in the circumstances due to the restraining order and previous conviction. Therefore, once the mediator has signed the form, your son can proceed to apply to the court.

The form you need is called a C100, which you can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734888/C100_eng_0818.pdf

The form needs to be a) signed by the mediator, b) filled in by your son (he is asking for a child arrangements order to spend time with his son) and then c) copied three times (with a fourth copy which he will keep for his own records). He must then take or send the original copy plus 3 copies to the family court closest to where the child lives.

You can find the right court here: https://www.gov.uk/find-court-tribunal

The fee for filing is £215, but your son may be entitled to fee remission, see here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/634329/ex160-eng.pdf

Please acknowledge receipt of this response by stating you received and accept it. You will be able to ask follow on questions thereafter, and later will be asked to rate the response using the five stars at the top of your page so that I am credited for my time.

Customer: replied 1 month ago.
Thank you for your response. The restraining order states that my son is not to contact her directly or indirectly. She contacted me asking me if I had made my mind up about seeing my Grandson under her supervision, but I responded by saying that the situation is difficult, if my son is still unable to also see him. I then suggested my son could see him under my supervision. Now Im worried that this could be regarded as third party contact? Even though my son was unaware of this conversation
Customer: replied 1 month ago.
I'm pleased with your response, money well spent, thank you. Can you answer my last question please?

You discussing contact with her is not a breach of the order, and unless your son is behind you refusing the contact she is offering for you by asking you to persuade her to let him see their son under your supervision, then you are not breaching the order.

Your son's route to regaining contact is via the method I described above, and he should start his application as soon as he can.

I would also suggest that you accept any contact she offers you with your grandson as I am sure he must be missing you and his dad, and at least if he sees you that is one less person he has lost in the interim.

I was just typing up my response.

You're welcome. I hope that you get to see your grandson soon, and that your son makes his application to court so that he can resume his contact.

If you are happy with the response, please click the five stars at the top of the page.

Customer: replied 1 month ago.
Thank you very much for your help.

You're welcome, please take a moment to click the five stars at the top of your page as that is how I am credited for my time.

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