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SASH_Law
SASH_Law, Lawyer
Category: Law
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Experience:  LLB (Hons)
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Both my children one age 7 and one age 14 are victims of

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Both my children one age 7 and one age 14 are victims of verbal abuse from my ex wife’s partner a 39 year old man . I have 4 voicemail messages directed at my 14 year old Daughter and many text which show nasty and horrid comments
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: Monday I contacted Social Services and both schools my children attend are aware . I am meeting the police Saturday 9am 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 does he live in?
Customer: show the message via text and voicemail
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I am based in the West Country the childcare is with me until Sunday 1730 but then the verbal abuser may return. I’m told the police may contact social services if they think harm may be ongoing

Hi, I'm Lea and I have reviewed your query.

Are the children living in the same household as this man?

Is there a current court order for the children to live with the mother and spend time with you, or is that by prior agreement between you and the mother?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 6 months ago.
Social services Plymouth await a response from the Police before
Customer: replied 6 months ago.
They live with her mum Monday to Monday and every other weekend with me
Customer: replied 6 months ago.
It seems social services are unable to shift until a police report if any is supplied
  1. Is there a current order for the children to live with the mother and spend alternate weekends with you?
  2. Does the mother's partner live in the same household as the children?
  3. Is the mother aware of the alleged abuse?
Customer: replied 6 months ago.
No it was decided amicably on alternative weekends and has been working well for 6 months no issues .
The partner lives 45 miles away and does stay over but not that frequentHe will stay on a Friday until Monday when it is her turn .She is fully aware on the Abuse as she allowed him to use her mobile to call and send the abuse
Customer: replied 6 months ago.
She was confronted with a voicemail from her 14 year old with recorded abuse at volume but declined to comment. I took my kids home and she drove to his and is their until Sunday with him
Customer: replied 6 months ago.
Sorry to show this in advance but it’s what he said
Customer: replied 6 months ago.
Now fu.. off joblessness twat
Customer: replied 6 months ago.
It’s relentless and savage

As there is no court order in place, and as you both share the same parental responsibility (I presume you were married to the mother at the time of the children's births or have been named on their birth certificates) you would be free to keep the children at your home since you have concerns about their safeguarding when in their mother's care - be that from her or from her boyfriend.

In conjunction with retaining them, I would suggest you make an urgent application for a prohibited steps order (PSO) to prevent the mother removing the children from your care whilst the court considers the safeguarding issues and makes a decision about where it would be in the children's best interests for the children to live. You would make both applications, for the PSO and the child arrangements, on the same form C100 - and as you are making the PSO application as a matter of urgency this can be done without attending mediation first. The cost to apply is £215, but if you are on a low income or benefits you may be entitled to fee remission.

If you would like a link to the relevant forms, please let me know.

Does that clarify your position?

Customer: replied 6 months ago.
I does help the cost is fine but we have not completed and mediation which I believe is part of the rule . I was married 16 years so both born in marriage . I have PTSD and I’m unable to keep them full time ( I make no excuse for this )
Customer: replied 6 months ago.
Ideal world with the police help I want his person stopped or banned from the property.

As I said above, mediation is not necessary when you are applying as a matter of urgency - which you would be if you apply for the PSO as detailed above.

You do not have to keep them full time, ultimately - this is to offer them protection whilst the court or social services investigate.

Customer: replied 6 months ago.
I see . They have an Auntie they can live with happily she has a 5 room house via the Navy .

You would need to make the application suggested to the court, and then ask the court for them to remain with their aunt until further investigations have taken place about the abuse.

The alternative is, of course, for social services to step in and investigate - but they may not do that when you as the other parent are in a position to safeguard your children. Their resources are limited, so they are likely to tell you to take action.

You can of course wait to see what social services suggest before taking the action I have suggested above.

Please accept and rate positively using the five stars at the top of your page as that is how I am paid for assisting you today. You will still be able to ask clarification questions on what I have written if you need to. Thank you.

SASH_Law and other Law Specialists are ready to help you
Customer: replied 6 months ago.
sorry may I have the link for the urgent steps document? the online one is the version for mediation completion

The C100 is for both the prohibited steps order application - you tick the urgent box - and for the child arrangements order. You will tick the relevant exemption from attending a MIAM.

C100 is here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734888/C100_eng_0818.pdf

You will need to make an appointment at your local family court to submit the application in person - you can search for the court here: https://courttribunalfinder.service.gov.uk/search/

Customer: replied 6 months ago.
Many thanks, ***** ***** get this sorted first thing tomorrow.

You're welcome.

All the best.

Customer: replied 6 months ago.
Ok, I have been to the local police station 9am yesterday, it was a booked in 5 days ago . The voicemails although nasty due not constitute any further action direct . It’s a “civil” issue I was quoted? The police offer has done a report as per policy to social services . He said get them a basic mobile and check in every 2 hire when her partner is or around . Good advice and they both have new IPhone XR’s ready to use . As he says with no court order she is free to do and be what she wants which fair she and I are both Adults . My ex wife asks what we have all been doing I advised using my right as a father to protect my children. They said call 999 if me or the 2 children feel and threat . A civil matter for the verbal Assault? What does it exactly mean ?Have I covered all the policy’s in my aim to Protect the kids ?Jamie

When the police say things are civil matters, they are not always correct, however in this instance I do think that you can protect your children with civil remedies, as already advised above.

The other civil remedy available is a non molestation order to protect the children from the partner's verbal abuse - you apply on form FL401.

Further queries should be posted as new questions.

All the best.