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.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
Type Your Law Question Here...
Harris is online now

I am the respondent in a contact case involving my 4 year

This answer was rated:

Hello I am the respondent in a contact case involving my 4 year old son, I have always agreed to a degree of contact since leaving my sons father due to verbal abuse and threats to my life. At first contact was supervised, moved on to supported and then community contact, I had to stop contact last October due to the basic care of my son being neglected, he wasn't being fed, he was left in soiled clothes he was sunburned, when these issues where raised with his father I was verbally abused by him and threatened, we went back to court an order was made to start slowly to build up trust again and prove that my sons needs could be met, after the 2nd contact my son became upset and clingy eventually my son told me that his father had left him alone at a soft play centre and he had become lost, this really upset him and to this day he still panics if he loses sight of me even briefly. I had to return to court today where magistrates kept telling me that this had happened but I need to move on from it, my point was I keep moving on from things and my ex keeps letting me and his son down and putting his son at risk since an agreement couldn't be made we are listed for a contested hearing in a month under a district judge I guess my question is do I have to keep putting my son at risk?? And if the answer is yes then who is taking responsibility for my son safety because it seems the court is trying to take the responsibility away from me.

Hi, thank you for your question. What was the outcome of today's hearing and was your application for your son to live with you?

Have social services or CAFCASS been directed to undertake an assessment and report?

Customer: replied 1 year ago.
My son lives with me anyway, cafcass have been involved previously but not anymore. The outcome was that there is to be a contested hearing next month where a judge will decide what contact can take place in the future. I'm not prepared to offer any direct contact my trust has been shattered his father denyed the incident took place when I asked him I can't keep risking my son anything could have happened to him.

Are there court ordered direct contact arrangements, if so what are they (eg. dates, times and frequency?)

Customer: replied 1 year ago.
this order that is in place at the moment is for fortnightly contact it started on 15/04 and was to be reviewed today it started at 1 hours then increased to 8 hours after the second contact which was 2 hours the incident took place, my sins behaviour changed dramatically I asked his father if anything had happened during contact he said no later my son was sobbing and telling my that his father had left him alone and he became lost, I contract cafcass for advise she told me if I was going to stop contact that I would have to write to the court which I did.

Thanks for confirming. Legally, as there is a court order contact arrangement, you should be complying with this. Non-compliance can lead to enforcement proceedings by the father.

In the circumstances, and if you have not done so already, you should be applying to court to vary the order due to the concerns you have. You could potentially ask for contact to return to be supported/supervised until such time as he can demonstrate there are no concerns.

Given that the matter is listed for a final hearing, it is surprising that there is no S7 report (either by CAFCASS or a social worker) as this would be an independent assessment that is necessary to inform the court of the issues.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you