How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask plclegal Your Own Question
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8124
Experience:  Barrister at law
Type Your Family Law Question Here...
plclegal is online now

How I can defence in court? My ex wife She applied for a

This answer was rated:

JA: Hello. How can I help?
Customer: How I can defence in court? My ex wife She applied for a restriction of rights
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Yes. That in Yeovil, Somerset. UK
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't know what I have to now?

Hello, my name is*****’ve been asked to look at this for you, thank you for your patience.

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

Can you tell me exactly what your ex wife has applied for and whether your divorce has been finalised please?

Customer: replied 1 year ago.
Hello. Yes we divorced.
This is the applications of Child arrangements order.
Decide who they live with and when, decide how much time they spend with each person.
Customer: replied 1 year ago.
She is lying about the reason.
Has mental problems.
I know she was on anti-depressant pills.

OK, so in that case what is being applied for, when is the court date and what evidence have you submitted to the court so far in support of your position?

How often do the children spend time with you currently and how old are they please?

Customer: replied 1 year ago.
Children are 5 and 8 years old.
There are 8 nights a month in my house. I should attend on 22-08-2020.
Customer: replied 1 year ago.
I did not fill in or send any evidence or papers
Customer: replied 1 year ago.
She has all the extras as a single mother, but lives with a partner.
Customer: replied 1 year ago.
The older daughter wants to live with me permanently.

OK, thank you. Them there will be a Cafcass Officer at court who will talk to you and will most likely want to complete a report for the court into the children's wishes and what is in their best interests.

You need to respond to any allegations that are being made, and outline your position in writing to the court in a position statement for the hearing on 22.08.

You also need to make a positive case for your children to be with you - it would be difficult to justify separating them so I would focus on making a case for why they should both come to live with you.

Can I assist you further today?

Customer: replied 1 year ago.
OK thank you. ***** somehow receive an official letter from a psychologist or similar person that the children want to live with me permanently?

If the court needs this information the judge will ask for a report to be commissioned or further evidence to be filed.

I hope that clarifies things for you.

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.

I will remain available for any follow-up questions, should you have them.

plclegal and 2 other Family Law Specialists are ready to help you