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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 3268
Experience:  LLB (Hons)
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I’ve just recently had an order come through from my

Customer Question

Hi I’ve just recently had an order come through from my stepfather trying to get my son.
JA: Where are you? It matters because laws vary by location.
Customer: The problem with this is all the lies he put in there to get it through. We have police records and our support worker in place as my stepfather has been harassing us and sending constant threats for over a year now. He is a risk to me and my children. So what do we do and how can he get round this when he isn’t aloud contact with us and we have protection on our house we’re in Taunton Somerset
JA: What steps have you taken? Have you filed any papers in family court?
Customer: not yet as we just received his one. The police have got every threat on records and also take evidence of a letter he put through the door. They put protection on our house so he couldn’t get near us. He was the arrested for still harassing which a video was recorded in the police interview that he is to stay away from us and not have no contact with us what so ever. My sons support worker also was the one that put it that he is not to see or have contact with my son as he is a risk and safe guarding issue
JA: Have you talked to a lawyer about this yet?
Customer: No not yet I’m looking for a solicitor advice for first free hour
JA: Anything else you want the Lawyer to know before I connect you?
Customer: just that one lived my life in fear over a year now from this guy and now he is trying to take my son away
Submitted: 6 days ago.
Category: Law
Customer: replied 6 days ago.
Ok I’ve paid
Expert:  SASH_Law replied 6 days ago.

Good evening to you, I'm Lea and I am going to assist you today.

What type of order have you received?

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Customer: replied 6 days ago.
It’s a c100
Expert:  SASH_Law replied 6 days ago.

That's just an application, not an order.

What is he asking for?

Customer: replied 6 days ago.
For my son to live with him full time and to stop me seeing him
Expert:  SASH_Law replied 6 days ago.

How old is your son?

Has he ever lived with this man?

Customer: replied 6 days ago.
My son is 15 I use to live with him with my kids but my son has a support worker and they say my step father is a risk to my son
Customer: replied 6 days ago.
I’m now married so not living near him now he has an obsession of my son and will do anything to get him.
Customer: replied 6 days ago.
There is also fulse information to that he has put on the forms
Expert:  SASH_Law replied 6 days ago.

The first thing to note is that all you have received so far is an application form. This man has to persuade the court that he has had sufficient contact with the child prior to this point in order to be given permission to make the application in the first place. The C100 form allows for permission to be asked on the same form, but it is a matter that the court has to deal with before they proceed to consider the actual application for contact.

At the age of 15, barring your child having any special needs that mean he can't make decisions for himself, the court will want to hear from him as to his views. If he doesn't want to see this man, there is no court that is going to order him to do so - not at 15, and particularly not because this person is not even a blood relative.

The first thing that will happen will be for the court to list the matter for a hearing and then CAFCASS will be in touch with you to find out your views. Tell them clearly that you do not want this man to have contact and your reasons why. CAFCASS will do background checks with the police and social services and report back to the court.

You should attend the first hearing (it will likely be via phone) and be clear when you inform the court that you disagree with this man being given permission to continue with his application - give your reasons why. The court will make the decision as to whether or not he can continue with the application. With any luck, the court will decide to deny him permission and then his application will be dismissed.

Customer: replied 6 days ago.
Ok thank you
Expert:  SASH_Law replied 6 days ago.

You're very welcome.