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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband is fighting for more access to his daughter. We

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Hi.. my husband is fighting for more access to his daughter. We have been married for a year and together 3. Hubby has his own solicitor dealing with his side of things. However, she has told her solicitor my son is "known to social services" which is a lie, he has been having tests for an ASD. I asked for help, SS refused as he didn't mean the "at risk" criteria. She is trying to discredit me and say im an unfit mother (I have seen the text messages), so I can have no access to her kid. I've never met the little girl and she continues to refuse. She has gotten CAFCAS involved and they have believed her lies and are insisting they do an assessment on me so they can "determine my ability to recognise risk" I'm really peeved about this I don't even have a criminal record and I hold a very responsible job for an international aerospace company. Do I have to submit to these tests? Can I take any action of my own against her allegations? I feel like I am being victimised for something I haven't even done!
Sadly the fact is, she is a typical disgruntled ex, who is using her child as a weapon against us both.
She has massive issues with me for some reason despite having never met me.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How old is the child?

-Are you her mother?

-When is the next court hearing?

Customer: replied 1 year ago.
Hi Thank you.Charlotte is 6 years old. She is my step daughter.My own son is Aaron and is 14.The next hearing is December 2016.Regards

Thank you for confirming. What is the court application for - is it by him to see the child or by her to prevent arrangements?

Customer: replied 1 year ago.
My husband initiated it to gain more regular, quality access to his daughter.

Thank you. Once such an application is submitted to court, the court allocates a CAFCASS officer to do assessments and background checks, not only on both parents, but also any partners or significant people who will be coming into contact with the child. They are required to do background and social services checks on all the relevant people and then feedback to the court in a letter about the outcomes of the checks and what the recommendations are. The CAFCASS officer may request to speak to you about his application and also include this in the safeguarding letter and recommendations will be made to the court as to whether there should be arrangements, or court directions for further evidence to be obtained.

Just because she is alleging the above issues you have outlined does not mean a CAFCASS officer will agree that these are welfare concerns for the child.

Given that you are married to him, it is likely that you would be involved in any arrangements as well as have contact with the child - therefore if CAFCASS are recommending an assessment for you, it would be in your husband's interest that you comply as if you do not, CAFCASS will likely state that this remains a risk and no progress will be made regarding his application.

I appreciate that this may not be the answer you would have hoped for but if you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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