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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Hi my ex is not on the birth ceritificate and Has won a contact

Customer Question

Hi my ex is not on the birth ceritificate and
Has won a contact order section 8 but I don't
Want him to have any contact as he has
Never been in my daughters life she is 3 years
Old I didn't go to court but I did hand in a
Doctors note to say why I want attending and
A statement letter as the reasons why but the
Judge didn't even look at them I have not
Spoken to my ex since I become pregnant nearly
4 years ago and have started a new life I am
Due to get married and my daughter calls
My new partner daddy.. What can I do to stop
My ex from coming to my house to pick my
Daughter up as she will not no him and
I don't think I could part with her to a total
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
When was the Order made and what Order has been listed for tomorrow
Why were you too ill to attend last time?
Customer: replied 4 years ago.
Yes I was to Ill to attend court on the 8th oct 2013
But I did hand into the court a sick note on the
3 rd oct 2013 with my statement tell the judge the reasons
Why e.g scared of my ex and this day last year
I gave birth to my twin boys which died and I haven't
Been well since.. The order came yesterday
So I phoned the courts and they told me I had 72 hour
To get a c2 form in to list a new court date which
They have given me tomorrow at 11 to say why
I don't think this order should go ahead
Expert:  Clare replied 4 years ago.
Hi Emma
What are the exact terms of the Order and what is your objection to contact?
Customer: replied 4 years ago.
The court orders
1 mother shall make the child available for contact
To the father every Sunday 10 till 12 noon commencing
On the 20th October 2013
2 mother shall ensure that child is dress and available
For collection from her property by 9.55 am each
Sunday collection shall be by fathers niece
3 the respondent mother is forbidden without further order
Of the court from removing child from the jurisdiction
Of England or Wales save for a holiday not exceeding 2
Weeks provided advance written notice is given
To the father
4 the issue as the respondent mother ageing cause
As to why she should not be committed to prison
For non compliance with this order
5 the respondent mother may apple on 72 hours
Notice to gather to vary the timing of contact in
Paragraph 1 2 of this order but not to challenge
The making of the order until any order varying
The timing is made mother shall comy with paragraph 1 2 3
Of this order
6 fathers solicitors shall effect personal services
Of this order on mother
7 any notice to show cause and the application be
Listed for further hearing before a district judge
On the 2 nd dec 2013 at 11.30 parties must attend
8 costs In the application
This is the order my statement
I would like to make aware that I am currently
6 months pregnant. Prior to this pregnacy I was
Expecting identical twin boys who sadly died on the 18/10/2012
Due to a condition known as twin to twin transfusion.
As a result I have been very unwell both mentally
And physically. I have enclosed a doctors sick note
Confirming that I am currently suffering from anxiety
These proceeding have greatly added to my stress
And as a result I have been unable to attend previous
Court hearings. And unfortunately I will not be attending
The hearing on the 8/10/2013 due RO my continued
ill health
During my 4 year relationship with the applicate I was both
Mentally and physically abused by him he was controlling
Paranoid violent alchhic and would fly into fits
Of rage of I dared to have my own opinion over the years
He wore me down so that by the end of our relationship I
Had no self confidence left. I often felt fearful for my
Safety and for that of my son who was also frightened
Of him
Andrew jones would often make threats for my life
And for the lives of my family. I have evidence
Of this as eventually I plucked up the courage to contact
Police an incident was logged stating threat to kill
On the 18/19 feb 2010. I have requested a copy
Of the reports from the police which I am currently awaiting
And will forward on to you in due course. Also he
Would regularly send me abusive and threatening
Text messages to me which I have kept and would be
Willing to show if required
My anxiety has been heightened by the thought of
Attending court and coming face to face with Andrew jones
Once more. I am scared to be in the same room
As him. I have done my best to rebuild my life
And I am slowing regaining my confidence. I am
Now in a loving and stable relationship and I am
Terrified if I allow Andrew homes into my daughters
Life the constant threats and abusive text messages
Will start again and the progress I have made so far
Will be ruined
Andrew jones has a history of violence and threatening
Behaviour he has been arrested in 11 separate
Occasions for a number of incidents including harassment
Of another ex partner to physical assault of a police
Office. I have been advised by various sources that
He is still dependant on alcohol
He has continually lied about me in his statements
And accused me of everything from cocaine abuse
To demands for money. Andrew jones is a fantasist
Who will stop at nothing to destroy the lives of others
That he percerives to be his enemies. I do not
Believe that he really wishes to gain access to alexis
I believe that this is all part of his personal vendetta
Against me
I do not agree that andrew jones has any parental
Responsibility to alexis. He is a total stranger to my
Daughter and I strongly opposed RO him being
Granted access
He is alcoholic that is not capable of looking after a
Young child. I am fearful that he will take her off
Somewhere and not return her just to frighten me further. If access
Is granted I ask that this is done under strict
Supervision in a contact centre
I would like to apologise for not attending
Previous court hearing and hope that you can
Understand why this had happened now that you
Have read my statement. I would be grateful if
You could adjourn this case until after January 2014
When I will have had my baby hopefully by then
I wl be feeling stronger both physically and emotionally.
I confirm the comments in this statement are true and I am
Aware that it will be used in court
Customer: replied 4 years ago.

I have completed a form called cb1 making an application children and
Family courts
Customer: replied 4 years ago.

Also his niece is a total stranger to my daughter
Plus his niece has never had a good word to say about me or has ever had a nice word to say to say to my face
Expert:  Clare replied 4 years ago.
How many court hearings have you actually missed?
What did the short report prepared by CAFCASS say?
Have you identified a local Contact Centre where she can go.
Is there someone who can attend court with you?
Is there a reason why you did not get legal advice about this application?