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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 6617
Experience:  Barrister at law
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I need advice regarding access to my children. My ex has

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I need advice regarding access to my children. My ex has accused me and my wife of something we haven't done and has refused me access to my children.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: I have been told that she has applied to the courts and contacted the police. You are the first people I have reached out to
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: My kids live in Norfolk. I live in Hertfordshire.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, my name is*****'m a barrister and will do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm reviewing your question and will revert back to you shortly.

Customer: replied 7 months ago.
Thank you Peter. My name is Ryan.
Customer: replied 7 months ago.
I would rather understand the types of questions before I commit to a call. In case I need to go away and collate any responses which I don't have to hand

No problem. Can you tell me if there is a court order in place currently for contact and what it is that you have been falsely accused of?

Customer: replied 7 months ago.
I have been told that I am unfairly discriminating against my daughter and son in favour of my youngest cold who lives with me. And particularly my daughter with learning disabilities. I tagged been told that my ex has been in contact with a solicitor who had advised her to contact the NSPCC. And that a previous court order allowing me to see my kids has been broken and hence she can prevent my access. None of which is true.
My ex has also recently accused my wife of assault on my daughter dating back to an occasion in August 2016 which she had referred to the police and has said that she intends to put my son in front of a specialist officer. Again, none of which is true.

OK, then in this case you may have no option other than to bring this back before a family court judge.

You have two options:

1. Apply to enforce the existing order - form C79

2. Apply for a new/ varied child arrangements order - form C100

The forms are here:

https://www.gov.uk/government/publications/form-c79-application-related-to-enforcement-of-a-child-arrangement-order

https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

Either route will get this back into court. I would suggest that enforcement is perhaps going to be less successful than simply applying again for a child arrangements order - on the basis that contact has been stopped.

Can I clarify anything for you?

Customer: replied 7 months ago.
Do I need to go through mediation again before I go to court. C100 form suggests I need to. However, I have done this previously and don't see this working in these circumstances given that I am being accused by the other party

Technically yes, but I suggest that you contact a mediator and explain the situation - and in the circumstances I expect they will sign the form to say that this is not suitable for mediation.

Is there anything else I can assist with?

Customer: replied 7 months ago.
No. Thank you for your help

My pleasure.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

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