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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8024
Experience:  Barrister at law
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I divorced from my husband 6 years ago due to domestic

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Hello i divorced from my husband 6 years ago due to domestic violence on top of other things. I had a restraining order for a year and since then have not heard from him. Child maintenance he pays when he wants and hasnt paid a penny for a year and a half. He has now applied for a child arrangements order for our son who is 6 years old with special needs and autism and does not cope with change, being out of routine or new environments or faces. This son was also a few months old and was present when the father smashed property at the house. The father is also now alleging that i emotionally abused him which is not true. Any help or advice please just recieved the c100 form
JA: What steps have you taken? Have you filed any papers in family court?
Customer: not yet just received the paperwork over the weekend, he seems to know about holidays i went on years ago when my son was younger i am not sure if he is stalking me And im scared
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: stoke on trent
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no thats all thank you

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.

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

Customer: replied 12 days ago.
Thank you

Happy to help. Can you tell me, was your son ever in physical danger himself, or did the abusive behaviour take place while he was safe? Do you feel that there is any form of contact (obviously any contact that did start would have to be focussed on your son's needs, and at his pace) that you could be comfortable with?

Does the father know that his son has both special needs and autism and has he any experience of coping with this?

Customer: replied 12 days ago.
When my ex husband smashed the property in the house the french doors and windows to gain entry my son was present, i ran to call the police as i was not sure of where he would stop or what he would do to any or both of us. The fathers last contact was that day my son was 3 months old. He does not know anything about him and has never seen him, never tried to gain contact or even send a bday card. He does not have any experience with this and he does not live a settled life, changes women regularly and has more than 10 children in various places. I am scared for my life and would not want to be in the same place as him

Thank you for that information, and I appreciate how difficult this is.

You obviously need to prepare for the first hearing, and file a response to the C100 application.

You can file the C7 acknowledgement form to indicate that you have received the application and don't agree to this. Along with this, a C1a form detailing the allegations of harm that you have set out briefly above.

You can then file in response, with a C2 application form, an application for a prohibited steps order to be heard at the first hearing. This would be an order that your son is not removed from your care without the permission of the court - just to protect you both in the interim.

You will need to write a witness statement to support this application.

In this statement you detail both the history and the response to the application, also detailing the lack of contact, lack of support/ interest and your son's special needs and how this affects him.

You can say that you do not support contact at this stage but if the court did decide it was in your son's best interests that you could not be present and that you would insist that it is professionally supervised. You could also ask that before he is awarded any contact at all that he has to undertake specific work with either Cafcass or social services to understand how to parent a child with your son's specific needs.

If contact is on the cards, in my view it is really some way off in time.

The forms you need are all on the www.gov.uk website - simply type the form reference into the search engine and the form appears along with (usually) a guide to completing it.

I hope that this answers your question?

Can I clarify anything further for you today?

plclegal and other Family Law Specialists are ready to help you
Customer: replied 12 days ago.
No thank you i think will start working on all you have said. Thanks alot for all your help i truly appreciate

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