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SASH_Law
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Experience:  LLB (Hons)
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I need help iro a Family Law query and child abuse. My

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Hi, I need help iro a Family Law query and child abuse. My children have accused my ex partner of abusing them (hitting them repeatedly). They have confirmed this to the police. We have a court order agreed in December. I had raised this before but no action was taken and he was awarded more time. Social services are involved doing a single assessment. Do I wait untilthe assessment or start court proceedings now?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Not yet. Social services have been informed and police. Contact has been stopped
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: Gloucester
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. What is your actual legal query about this?

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Customer: replied 9 days ago.
Would I be better off starting court action before the single assessment or afterwards? The children have already confirmed the allegation with the police, and I expect them to do the same with social services, however we only had our final order agreed last December. Concerns were raised last time about abuse towards the children but these seem to have been ignored.

If there is already a court order for the child arrangement in place and you wish to stop the contact, you should make an application to vary it whilst the assessment is ongoing.

You can do so on form C100 - cost is £215 - if on benefits/low income see form EX160.

C100 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946762/c100-eng.pdf

EX160 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952045/ex160-eng.pdf

Customer: replied 9 days ago.
Thank you. I have a recording of my children talking to me about the abuse. They weren’t aware they were being recorded and my partner and I were very clear not to lead the conversation in anyway. We started the recording after they had made an initial disclosure but go on to talk about it. Would it be acceptable evidence, baring in mind they’ve already disclosed to a Family
Support worker, and the police individually?

The family courts do not like when children are recorded so that is very unlikely to hold any sway with the court. Probably best not to even mention it. Let the professionals interview them and provide reports for the court.

SASH_Law and other Law Specialists are ready to help you
Customer: replied 9 days ago.
Ok perfect thank you.

You're very welcome.