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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35932
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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What action can I take, when my ex-husband is not following

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What action can I take, when my ex-husband is not following social distancing rules with our children?

My name is ***** ***** I shall do my best to help your. I am reviewing your question now, and will respond further within a few minutes

Could you explain a little more about what is happening please

Customer: replied 5 days ago.
Hello during the last lockdown in March, my ex-husband has allowed my children to mix with different households, yet did not allow me to have proper contact. I have evidence of that. With London going into lockdown again tomorrow I know that he will carry on mixing. He is a doctor, yet he has little regard for the rules.
Customer: replied 5 days ago.
One of my children previously experienced respiratory problems, and I am concerned he in not putting our childrens welfare first. I don't have much say as the children live with him full time at the moment, the social worker couldnt care less. I don't wish to breach the child arrangements order.
Customer: replied 5 days ago.
If I find out he has been taking our children to visit his family, what can I do? Would I be able to break the child arrangements order under such circumstances?

How old are the children and what time do they spend with you?

Customer: replied 5 days ago.
They spend no time with me - because he is being difficult with the original child arrangement order and won't allow me to have unsupervised contact even though there is no reason why my children should not be spending time with me. I have reverted this matter back to the Judge.
Customer: replied 5 days ago.
8, 11 and 13
Customer: replied 5 days ago.
He has also brainwashed my children who were once very close to me - they say they want to spend time with me during contact but then say the opposite in front of the social worker.
Customer: replied 5 days ago.
They are nearly 9, 12 and 14.
Customer: replied 5 days ago.
Can I make an urgent application to court as an alternative? I have already made a C100 a few months ago but did not mark it as urgent.

When is the next hearing date?

Customer: replied 4 days ago.
I haven't been given a date
Customer: replied 4 days ago.
I would like to request a different expert please.

If you filed a C100 a few months ago then you should have already been given a date for the First Hearing if nothing else and that is why I asked about a hearing date.

If no date has yet been set then it is entirely possible that the application was lost and accordingly you need to file a new application.

Accordingly if he is indeed placing the chidlren at risk by breaching the lockdown rules you can make an urgent application for the children to be transferredinto your care. You cannot simply keep them I am afraid

You have referred to a Social Worker - remember that even with an urgent application Social Servoces will be asked to comment so do be prepared for that to be a potential problem given what you have said

I hope that this is of assistance - please ask if you need further details

Customer: replied 4 days ago.
Can such an application be successful? which urgent application shall I make, if he breaches lockdown rules again?
Customer: replied 4 days ago.
The court messed up my C100, it went to the wrong judge and not the Judge the case has been reserved to. The court have since referred the application to the right Judge.
Customer: replied 4 days ago.
That is why there was a delay

Ah I see - sadly not unusual for this confusion to happen - keep pushing for that date

Without knowing more about what is clearly a difficult case I cannot predict the outcome of an urgent applictaion - but if you make one then ensure that the papers go to the named Judge by sending a covering letter

Customer: replied 4 days ago.
Thank you, ***** ***** do I make?

The good old C100 again - you are aksing for an urgent hearing for a live with order and/or a prohibited steps order

Customer: replied 4 days ago.
The prohibited steps would try to make him stop breaching the lockdown rules?

It would indeed try to do that

Clare and other Family Law Specialists are ready to help you