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: 7872
Experience:  Barrister at law
Type Your Family Law Question Here...
plclegal is online now

I currently have a CAO in place, states dad can have

This answer was rated:

I currently have a CAO in place, states dad can have in-direct contact only by letter 3 times a year.
I am unsure on his location and he has not sent a letter to the children for 3 years now. Hasn't seen them for 5 years.
Am I legally allowed to change their surnames now without contacting him (DV relationship- prison time served for him and a restraining order in place)

Hello, my name is*****’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

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

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

I'm reviewing your question and will revert back to you shortly. Please do not wait on line for a response, you will receive an email notification from JustAnswer to tell you that I have sent a reply.

Please be patient with me as I am generally assisting multiple customers at once! Thank you.

If dad still has PR, despite the lack of contact, it is an application that needs to be made to court I'm afraid. It's a specific issue order application. You have a strong case on the history, but it is still something you need the court's approval for.

The application would be made on the c100 form, which is available in the website.

An application costs £215 to make.

You will be exempt from mediation obviously, due to the criminal conviction and restraining order.

You could consider asking the court to list a without notice hearing (see section 6 of the form), meaning that you get to appear before a judge on your own to make the application with the father being notified after the event if you get the order in his absence. The court *may* consider this, in the circumstances.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court!

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For PLCLEGAL only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Take care and stay safe.

Customer: replied 9 days ago.
Thankyou. I thought at much, I will apply to the courts in the morning. Will most courts have the hearing without giving notice to the other party?

It's a possibility - it will depend on the judge/ legal advisor who is in charge of gatekeeping application at the court. Make it clear that contact and reaching out to him bring s a high level of risk in the application form, in section 6. He can always apply to set aside or appeal the order of course, not that he would necessarily succeed, but this is the insurance the court has for ensuring due process is followed.

plclegal and other Family Law Specialists are ready to help you

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter