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Aaron D
Aaron D, Barrister
Category: Law
Satisfied Customers: 572
Experience:  LLB, BPTC
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My younger daughter obtained a 2-year restraining order on

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Hello
JA: Hi. How can I help?
Customer: My younger daughter obtained a 2-year restraining order on her then boyfriend, 2 years ago this September. He was violent, and threw her on the road when she was 8 months pregnant with their child. She resolved to break up with him. A court case ensued. He has not seen Miranda, or young Xina (born successfully) for nearly 2 years. The order also applies to my wife and myself. What might happen in September? Can he apply to see Miranda and Xina? Would it involve legal fees for him? He has no money.
JA: What steps has your daughter taken? Have they filed any papers in family court?
Customer: The steps taken were a court hearing, which found in favour of my daughter. No more papers filed to my knowledge. We had to move Miranda and Xina out of Kent, because the father (Steve) knew where they were. They are no longer in Kent.
JA: Have they talked to a lawyer about this yet?
Customer: No, I don't think so. We don't want really to go to any expense, and it will bring everything up again. My daughter is very happy, and we don't want to disturb that.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, I don't think so. When you say "connect" is this a free service, and can it be done by chatting online, as I am with you?
JA: I've been chatting since I was able to speak.
Customer: Yes, I know

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

Was it a restraining order from a criminal court or was it a non-molestation order from the family court? If he starts up the harassment/ threats again after the order expires she can apply for a new non-molestation order.

In terms of him seeing the children, she might decide this is too risky as it will put the children at risk of harm. Around the time the order is due to expire she should call Social Services for advice, they might say the father should have no contact with the children.

If he wants to apply for a court order then that is for him to do. It's a lot of expense and hassle and it isn't quick. At the very least it will cost him about £300 to attend the initial mediation information session and to then issue a court application.

If the matter went to court, because of the past domestic violence your daughter would likely qualify for legal aid depending on her personal circumstances. She can find one here: https://solicitors.lawsociety.org.uk. She will need to look for a Family Law - Private Law - Legal Aid solicitor. She may be able to get help now applying for protective orders if she thinks there is a need for one or she can wait until nearer September.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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Does that answer your question for you?

Customer: replied 1 year ago.
Thank you for this. Useful. The court in which the case was held was a Magistrate's Court in Maidstone. I think my daughter Miranda (whose only daughter is Xina, just turned 2 years old) has already investigated legal aid, to which I believe she is entitled. She does not work at present, and receives benefits from the State. She does not have assets of £16k. Steve (the father) unfortunately knows that ***** *****ves in Southend-on-Sea, having moved from Kent nearly 2 years ago. Social Services let him know this, but not the address. Steve does not, deliberately, appear on the birth certificate.
Is there any charge for your service? Please advise.
Regards
Paul
(P J Fox)

Sounds like it may have been a restraining order then, following the father's criminal conviction. In any event she can apply for a non-molestation order instead shortly before the restraining order if she wishes. It is a lot simpler if she does qualify for legal aid as the solicitors can do everything for her.

On the basis that the father does not appear on the birth certificate he does not have automatic parental rights so if he were to try to remove the child it would be abduction. He can apply for parental responsibility but it takes a long time and she will be notified that he has applied. If she disputes paternity then he would have to have a DNA test (hair). Getting parental responsibility is an extra hurdle he has to jump over meaning it would take him even longer to get to court if he was to apply.

Regarding charges, your will have been notified of any charges by Just Answer when you joined. I'm freelance you see and I don't have any involvement in that. You may contact customer services if you wish. However I don't get any credit for my answer until you rate me (at the top of the page) so I'd be obliged if you would do that.

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