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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 1845
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I have a question about children proceedings. I don’t think

Customer Question

I have a question about children proceedings. I don’t think cafcass are acting appropriately. I would like to know what the role of the guardian entails. Because she has not spoken to my son since February and he is going to a terrible emotional time and his father is mentally abusing him nobody will listen to me. Cafcass seem bias to father. . Can a parent stop a child saying good night to the other parent if they are in his care even if a court order says so for no apparent reason other than the father chose to only speak to his child three times a week so that in return is the same for me and I wanted to say good night to my child every night as does my child want to speak to me. I feel he is alienating me and is telling my son he can’t have the teddy at his house that I bought for him and telling him that he can’t take his toys to his house yet they tell him that his other family home
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes we are in legal proceedings and he wants custody only for financial gain but there is no reason for my son to leave his family home with me. Obviously my husband who is a narcissist tried to call me mental but there has obviously been no findings because I am not!!! Cafcass officer has not once asked me in 2 1/2 months how my child is and yet she is meant to be writing a welfare report for a court hearing in August
JA: Have you talked to a lawyer about this yet?
Customer: Yes I have and he tells me it is just a process but I do not understand how a parent can stop the other parent from saying good night to their child for no good reason other than being control. Doesn’t the human rights act stop people from doing this even court or a judge ruling that a mother cannot speak to the child as I would never ever stop his father saying good night to him if father wanted to
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Law
Expert:  Ross Miller replied 2 months ago.

Hello my name is ***** ***** I will be the expert assisting you with this matter today

Please note there may be delays between messages as the experts on this website are all third party and are not on here full time.

You will also receive a request for a phone call. This is automatically generated by the website. I would be happy to facilitate a phone call with you however, do note that there will be a premium service charge should you accept this, you of course, do not have to click the phone call option.

Thank you

Expert:  Ross Miller replied 2 months ago.

Do you have a copy of the court order for this matter?

Customer: replied 2 months ago.
I do. I can send it tomorrow. I never agreed with not being able to speak at handover, no phone calls, txt emails ( eventually the court suggest wizard app But this is limited to only talking about any Covid arrangements and medical needs for my son) And I can’t talk to him about his mental state or ask how his behaviour was at his house ? father decided he only wants to speak to my son on a Saturday Monday and a Wednesday (I offered every day indirect contact and he said no and he only wants to hear from us in case of a medical emergency!). His solicitors seemed to have tweaked the court order.
It’s basically what father wants And to suit him.
Isn’t there a human acts legislation that wouldn’t allow this. I’ve done nothing wrong. I’m his main carer.
So last night when my son said can I ring you back after my bike ride. (He was extremely upset and wanted me to go and get him but obviously I said I just couldn’t and everything would be okay) Father said no. This is your phone call with mummy.
And so I can’t speak to my son until Monday night. (48 hours later and He’s back Wednesday)
he’s only 6. I worry this is affecting my son not feeling secure and knowing his mum or dad is available! .
My ex used to speak to son every morning and evening and when he met his girlfriend. This all changed.
father did once indirect contact every day.
Can I ask to vary the order. Can one parent dictate if they can speak to their child while in their care?
Thanks
Expert:  Ross Miller replied 2 months ago.

Are you able to upload the court order?

Customer: replied 2 months ago.
It doesn’t matter. I just wanted you to let me know whether article 8 of the human rights act would prevent any order stating a child couldn’t ring his mother or father for no good reason other than a controlling narcissistic father who wanted everything his way. There is also Children’s rights. Thanks anyway
Expert:  Ross Miller replied 2 months ago.

No I am afraid not a lot of people do try to invoke article 8 in child hearings. However I you have a feeling that the father may have NPD then you can take the matter to court and raise an issue about parental alienation. This will likely trigger a section 7 report. Parental alienation is considered absue in the English courts and the courts take it very seriously. You can either appoint representation (which I would advise) or you can represent yourself.

In order to apply to the court, you will need to fill out and send form C100 (copy attached) with a cheque of £215 payable to HMCTS to your local family court centre. Or you can ring the court and pay over the phone (or pay in person if you go directly to the court and pay at the counter). If you are on low income/have low savings you can apply for a fee exemption here:

http://www.gov.uk/get-help-with-court-fees

Once you apply the court will list a hearing where you and your ex attends. There will be a family advisor there too (from Cafcass) and if arrangements can be agreed then a consent order will be drawn up.

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 the 5 stars at the top of the webpage (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. I won’t be paid for my time from the website if there is no rating left for me.

Many Thanks

Ross