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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8536
Experience:  Barrister at law
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Could you connect me with Peter please. Peter has been

Customer Question

Could you connect me with Peter please. Peter has been advising me with my family proceedings in the last couple of months.
Submitted: 12 days ago.
Category: Family Law
Expert:  plclegal replied 12 days ago.

Good morning. Thank you for the question.

I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

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.

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

How can I help today?

Customer: replied 12 days ago.
Thank you for your response Peter. It is well appreciated.I wanted to give you an update with my ongoing family issues. As you are aware that at the preliminary hearing of the Child Arrangement, an order was made for me to have the children for 2 hours forthrightly as mother could not offer more time for me to see the children. Initially,Mother had wanted me to see the children under supervision, as she has reported that I was smoking cannabis in front of the children, which is obviously not true. Mother has also alleged that I was threatening to kill her and the children, which enable her to leave the home after the exclusion of Mother from the home. Mother only reported this after her exclusion from the property in order to seek for refuge for herself and the children she was ordered to live with me. The DV has now given her and the children temporary accommodation and protecting her and the children.
Meanwhile, I was arrested on the 6/09/2021 for the alleged accusations of breach of the non-molestation that I had contacted the Mother when I was restrained from do so. The fact is that the non molestation order restricted me and her from contacting each other on phone, text or otherwise, except with the child arrangement. When I contacted her on text, it was to do with the children to pick them up. I was arrested and I’m custody’s for more than 12 hours before been granted a bail and to report back to the station. The case has since been dropped. It is the alleged accusations that Mother is using as a DV. The Mother told the DV that my threat made her and the children to fled for refuge, whereas, it was the order of the court that excluded her from the property.
As you maybe aware, I applied for the Without Notice of Specific Issues at the same court Mother has applied for the Child Arrangement. I include the Occupational Order that exclude the Mother from the property with the application. This was to notify the court that the Order excluded the Mother from the property, to conflict Mother’s alleged accusation. The court then emailed me and said they would transfer both cases to the court where the non molestation and occupation order was ongoing.
The case has now been allocated to the same Judge who made the order to exclude Mother from the home during the interim hearing of the Occupation Order. Meanwhile, due to alleged accusation by the Mother at the other court, a safeguarding was put in place against me to stop direct contact with the children. In court, it was raised that I should not have a direct context with my children and to have a supervised contact with them at a centre. The Judge dismissed the notion and said Father has been taken the children home since the case is the ongoing and ask why the Auden change. The Judge refused the idea and said both parents should agree that Father have a direct contact with the children. Mother only agreed on 2 hours direct contact with the children, which was contained in the order. The Judge could not make any other on the day, as the section 7 report was not in court. It was meant to be in court 4 days earlier. The order was made on me and Mother’s agreement. Mother only agreed for 2 hours direct contact and to take them home to forthrightly, which I thought was unreasonable, but had to accept it.
However, the CAFCASS eventually wrote a report, which agreed with Mother’s demand not to have a direct contact with the children due to smoking cannabis. When the CAFCAS lady contacted me 3 weeks before the court hearing for assessment, I informed her there was no ongoing DV between me and the Mother and that Mother was excluded from the property by the Occupation Order, and not as claimed by the Mother that I was threatening to kill her and the children. She was shocked to hear there was an ongoing case. I gave her the case number ***** told her briefly about the case. She said she would reschedule another assessment as she was not aware there was in ongoing case at Romford. She never contacted me for the assessment, yet she wrote a report that was biased in favour of the Mother and all that she wanted. The CAFFCASS lady report shows she did have a clue about the case. Although at the hearing, without the CAFCASS report, the Judge had ordered for the Local authority to investigate and report to the court on the 3rd December 2021. Now, the mother is saying she would not allow me to have a direct contact as the CAFCASS report stated. My solicitor advised me not to have a direct contact as abused by Mother’s solicitor on the first contact with the children. I agreed with my solicitor, but angry that we should have argued based on the court order which would have superseded the CAFCASS report anyway. Now, mother still insisted on indirect contact on the second contact with the children last week. I declined to have a video call conversation with the children as the court order stated to take the children home with me. I have informed the court.
Customer: replied 12 days ago.
I have since got rid of my solicitor whom I think was not representing my interest accordingly and charging me lots of money. With your advice, I was able to apply for the Specific Issues to bring the case earlier than normal. My solicitor did not agree with me to put in the application when suggested to her. I have done the application on my own and the statements. Yet, she is charging me lots of money. What will the court be doing in this process now? Will the court be adhering to the order in place for the local authority’s report for the 3rd December 2021, or will they be relying on the late CAFFCASS report? Will the court see the refusal of Mother to have direct contact with the children as a breach of the order? If so, what will be the outcome please?
Expert:  plclegal replied 12 days ago.

Thank you for the updating information.

Can you clarify if there is a court hearing on 3 December or if this is simply the date by which the LA are directed to file a report?

Have you been back in touch with the Cafcass officer to question the errors in the safeguarding letter that has been produced?

Customer: replied 12 days ago.
It is the date for the LA to submit the report. A date has not been arranged yet.
Customer: replied 12 days ago.
I have contacted the CAFFCASS lady on email to question how she could write a report without actually assessing me. She replied by saying that her report was only a recommendation and the court will make the final decision. I have requested for their complaint procedure to make a complaint and have responded and said sorry with a contact number for complaint.
I think the CAFFCAFF are unreal that they could make such a significant decision about my children’s lives with taken reasonable measure before the making the decision. Their services was appalling at the detriment of my children. A body making such an important decision about the protection of the children, you would have thought would understand the impact their decision would have on those children’s future. I have since been to their website to see how much complaints that have been made against the or rational decisions.
Expert:  plclegal replied 12 days ago.

I agree that in your case this is a poor recommendation and one that is not based on any evaluation of the overall circumstances, which are complex because of the deceitful approach taken by the mother.

My view remains that the court order is in place - and this is for direct contact.

The court has already dismissed the concerns raised by the mother in relation to preventing direct contact on the basis that you had direct contact all along, the Cafcass assessment coming after this does nothing to change the judges' conclusion and mother's solicitors really should know this. They are clearly playing games.

The report from social services due on 3 December should, all being well, rebut the fake concerns raised in the Cafcass assessment.

In the meantime, I would suggest that refusing any contact at all if not direct is not in the best interests of the children. It is better to see them indirectly via video rather than not at all. It's not an acceptance that the accusations are true, at all. But refusing any contact other than direct contact will not assist your case.

Is there anything further I can clarify at this stage?

Customer: replied 12 days ago.
Will the refusal be against the Mother at the hearing though?
Expert:  plclegal replied 12 days ago.

I can't imagine the court will be very impressed with the position the mother is taking, after the judge had already overruled this stance, if this is what you are asking?

Customer: replied 12 days ago.
Thank you very much for the advice and will be in touch soon.
Expert:  plclegal replied 12 days ago.

My pleasure. Happy to help, of course.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.