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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4170
Experience:  Barrister at law
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The father of my children has been living here on and off

Customer Question

The father of my children has been living here on and off but i kept asking hom to leave as i had safdguarding concerns. He was falling asleep whilst they were in his care and there was many occasions such az hearing screms from alfie my 2 year old because the father was asleep and left them both unattended - there are many instances of this , he has brought a woman into my home without my permission and i dont know where he is living - i dont want him to have access as i sm very concerned about safeguarding. He is quite confrontational and has road rage - hes also written off my mums car leaving it at the top of a hill where it rolled down and smashed into another car- my kuds could very easily have been in the car - i have messages going back 2 years where i have been discussing this with various childminders
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No , i have ptsd -, i dont know where hr is living. We hsd a confrontation in my home 2 weks ago and i collspsed 3 times, the doctor came to see me the next day and said it was due to extra stress - he was yhere so i couldnt talk openly
Assistant: Have you talked to a lawyer about this yet?
Customer: Nope - he has put in an anonymous referral to the social services but i already have a MAST worker
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Social services have spoken to me and my doctor , they have closed the case and my doctor has advised for him to stay away right now. He hssnt contacted me since he did the referral but i dont want to luve here i would like yo relocate and i would also only want restricted access for him
Submitted: 7 days ago.
Category: Family Law
Expert:  plclegal replied 7 days ago.

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

How can I help with this?

Customer: replied 7 days ago.
Consider this terminated you havent even offered anything !
Expert:  plclegal replied 7 days ago.

I've asked how I can help with your issues, and what you are seeking at this time would help me give you some advice as how best to proceed.

Expert:  plclegal replied 7 days ago.

I would advise you to seek a child arrangement court order such an order can set out who looks after the child and when. Such an order once made can be enforced if it is breached. In order to do this, you will need to arrange for and attend a mediation appointment with your ex first to see if an order can be agreed. Even if you and your ex end up having to go to court to sort out the differences, you will normally need to prove that you’ve been to a mediation information and assessment meeting (MIAM). This is an introductory meeting to explain what mediation is and how it might help you. If your ex doesn't want to see a mediator, you should go to the MIAM on your own. You’ll then be able to prove you’ve tried mediation if you later want to go court. You can’t force your ex to go to mediation. In order to find a mediator you can use this link on the Family Mediation Council website here: https://www.familymediationcouncil.org.uk/find-local-mediator/

You’ll normally have to pay about £30 for an MIAM, although sometimes this first meeting is free. Follow-up sessions usually cost you and your ex about £80 each - most people need to go to 3 or 4.

The cost of mediation varies depending on where you live. Phone around to find the best price, but bear in mind the cheapest might not be the best.

If the MIAM does not work and you not able to agree to mediation you will need to go to court. This will require you to fill out form C100 which can be found here: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

You can find guidance on filling out the application here: https://www.gov.uk/government/publications/family-court-applications-that-involve-children-cb1

Send the original form and 3 copies of it to the nearest court that deals with children, you can find your nearest court here: https://courttribunalfinder.service.gov.uk/search/

The application will cost £215. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

 

Expert:  plclegal replied 2 days ago.

Hello.

I didn’t receive confirmation that you received my response to your question.

Was there anything that needed clarifying at all?

Kind regards,

Peter

Expert:  plclegal replied 16 hours ago.

Hello.

I didn’t receive confirmation that you received my response to your question.

Was there anything that needed clarifying at all?

Kind regards,

Peter