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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 744
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I have two children with a man who raped me while we were

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I have two children with a man who raped me while we were still together. We've been separated for nearly 3 years now and he's not seen the children during this time. I'm very anxious around him and now very concerned that the court has decided to go with a recommendation from CAFCASS to initiate contact with dad. Not used solicitors before as I can't afford them. What are my options please?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: My ex was sexually abused as a child so I'm very concerned for my children's welfare. Children are 5 and 3 now
Assistant: 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: Just filed witness statements
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Not really

Hello my name is Ross and I can help with this matter.

Has the court made an order for the children to spend time with the father?

Customer: replied 10 days ago.
There was an initial order made for the children to start spending time with their father through a conga t centre. Since then the father applied for an enforcement order and the court ordered for CAFCASS to run checks after I raised my concerns but have since ordered for the children to start contact again through CAFCASS centre in Reading and will make a final decision based on what CAFCASS recommends after the contact sessions have finished.
I am just worried that I am not being listened to and my children will be put at risk. My children also have developmental issues which the court is aware of but they're putting dad's needs before te children's needs and I don't understand why

Thank you for the information I can understand your frustrations. It is usually the court's position that they want children to have contact with both parents. Cafcass will genuinely look at everything you have said in relation to the father and it will be taken into consideration when making a recommendation to the court. However, if you haven't already then I would put together a comprehensive list of your concerns in relation to the father with cafcass and organise a meeting with them to go through these. They will take these into consideration when doing their investigations and providing a response to the court. However, ultimately, if the court makes an order for the father to spend time with the children then this is legally binding. It may be the case that Cafcass take what you have said on board and untimely order all contrast to be supervised with the children. As I said an order made by the court is legally binding and if it is broken without good reason then you can be found in contempt of court, this is something you will want to avoid. However, if there are any new genuine concerns surrounding the father, then you, of course, have the right to raise these in the future with cafcass and the court. I wish I could give you a more solid piece of advice which could help you stop the children being put in this position but sadly I can as the court has the final say.

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

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