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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4708
Experience:  LLB (Hons)
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I have been separated from my wife for two years now, altho

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Hi , I have been separated from my wife for two years now, altho we are still married but living in separate addresses. She is refusing me access to my children and threatens calling the police should I turn up at our family home. I have not had an court order filed against me. What do you advice
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Not as yet
JA: 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: Surrey
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

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

What contact have you been having in the last two years?

Why is your wife now threatening to call the police?

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 1 year ago.
Hi Lea, Thank you. I have had twice a week contact which has dwindled during lockdown. My wife is now refusing me contact with my children through phone and visitation rights. I have not been verbally or physically abusive. She has threatened to call police should I attempt to visit my children in my own house. I am supporting them financially as my wife doesn't work.
I do not know why she is threatening to call the police. As I have done nothing wrong. All I can say is, that my wife has become increasingly agitated and mentally unstable.

Your wife has no right to deny you access to the family home - though clearly if she has said she will call the police I would strongly suggest you don't just turn up there, no matter how tempting it might be.

I would suggest that you apply to the court for a child arrangements order to reinstate your contact with the children. You will do so on form C100, which requires you first to attend a MIAM, mediation information assessment meeting - the mediator will try to engage your wife in mediation but if she refuses, or it fails, the mediator will sign your C100 and you can apply to court for an order. The court will list the matter for a hearing within a few weeks and will have CAFCASS, social workers, contact you and your wife to find out what is happening, the officer will also do background checks and then send a safeguarding letter to court to recommend to the court what should happen next.

The court will make a decision based on the best interests of the children. You will of course be able to voice your concerns to the CAFCASS officer about your wife and the children (as will she) and you will get the opportunity to have your say at the hearing.

I'd appreciate if you could kindly take a moment to rate positively as that is how I am paid for assisting you - thank you!

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