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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 2266
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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My son hasn't seen his father for 5 years, dad didn't bother

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My son hasn't seen his father for 5 years, dad didn't bother until 2.5 years ago when he took me to court, my son doesn't want to go because of numerous incidents that happened while he was in his care. Dad has thrown alienation at me, cafcass guardians suggested no contact from dad and believed child views to be genuine. Dad pushed for expert assessment (his solicitor picked her) as I'm representing myself. Expert report is due back but she clearly told me I was the problem and that she thinks my sons lying about the incidents and that his thoughts are influenced from me. How can I prove I haven't alienated my son? What will happen to my son if the judge thinks I have?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes
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: Manchester
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes when I said dad didn't bother I meant he didn't once try and contact my son, notven a text in 2.5 years

Hello I will be the expert assisting you with this matter today.

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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.

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Thank you

Customer: replied 10 days ago.
How much is the premium service charge?
Customer: replied 10 days ago.
Are you UK based?

I am unable to take a call at the moment and I am writing up my response for you just now....

Thank you for your enquiry and I am sorry to hear about the situation. The first piece of advice I would give you would be to get representation. If you do not have the means to pay for this then you will want to explore potential for legal aid, if that is not possible then go online and look at MacKenzie friends they can help free of charge. Until you have a copy of the report form the expert then don't panic yourself too much as you don't know what it is going to say. It is not possible for me (or any lawyer) to assume what the judge is going to do, however if the report suggests that you are the issue, but there has been no safeguarding concerns etc with the child up until this point then they aren to going to consider moving the child to the father on a full time basis. What is likely to happen is that if they deem there has been alienation is to ensure that there is a build up of a relationship between the child and the father. They will likely order that contact take place regularly for this to happen. You will be allowed to put all of your points across to the court for consideration including if you don't agree with the report which has been put forward. The main thing you have to keep in mind at all time is the the court are only interested in what is best for the child, and if they feel it is best for the child to remain with you as they will also have time with the father then that is what they will look to do. In order to consider any kind of relocation for the child (move residence to the father) there would have to be a very long history and over riding reason for this. However, as I said initially you should do what you can to seek advice and representation as soon as possible as these types of cases have many moving parts. I do sincerely ***** ***** all the best with this matter moving forward. Do remember that the court will listen to what you have to say even if you feel things seem against you and they will consider what you have to say about the matter. I hope this helps you with. the matter.

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 recognised for my response by the website if there is no rating left for me.

Many Thanks

Ross Miller and other Law Specialists are ready to help you
Customer: replied 10 days ago.
Thank you so much, I can't afford representation and I don't qualify for legal aid I tried. I just feel bullied by the expert and like I'm out of my depth. In the expert assessment dad had lied and said I'd been banned from nursery to collect my son because I'm aggressive which infact is the opposite way around. I've managed to track down the old nursery manager and I asked her if she could do a brief summary of her time looking after my son. What she has written is very accurate but does state some not so nice things about dad, do you think I should send these to the expert as my proof that he's been deceitful so she can factor this into her report?