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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23767
Experience:  Senior Partner at Berkson Wallace
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I have a problem with my abusive partner. Over ten years she

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Hello, I have a problem with my abusive partner. Over ten years she has been beating me, used sharp accessories and so on. She also has been violent towards our children. We are in process of separation and I would like to keep children toghether and with me. She wants to split them. Not sure what to do. Thinkink abou non-molestation order. I started to report her to the police in last year. I have made 3 or 4 reports, but never wanted her to be arrested. Regards Piotr
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, not yet. As far as I know she applied for a seperation in court.
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: Portsmouth, Hampshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We have early help person o help us. In his reports he is not very precise. On 3 occassions I had correct what he says. Basically I feel ignored by them.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

How old are the children? are social services involved?

and she is clearly a danger to the children do you wish to have full custody?

Customer: replied 16 days ago.
Older one is 16 younger 10. Early Help is involved. She is clearly a danger to the children. I am not sure if need full custody, not even sure what consequences of it are. Basically, I do not know what steps I should undertake.

To be frank, there is no point in reporting things to the police if you don’t want her to be arrested and charged.

The courts will rarely break up siblings and therefore unless there is a compelling reason why they should go to different parents, they will both go to the same parent.

You’re probably going to need a Child arrangement order.

You would use the evidence of the violence reports to support your application for the children to live with you.

Fortunately, there is a lot of information on the Internet about Child Arrangement orders and the government have actually produced a guide on the subject which is here.

The different types of Child Arrangement order are:

1              A Contact Order which specifies when parent sees a child,

2              A Residence Order to determine who the child lives with,

3              A Prohibited Steps Order to prevent a parent doing something with the child such as moving away either in this country miles away or taking the child to another country.  Particularly relevant if there is a chance that the parent would go to another country and never return.  The parent wishing to prevent the move would have to convince the court why it’s not in the best interest of the child to move.  Friends, support, school et cetera et cetera all taken into account.

A Prohibited Steps Order is to prevent child Abduction and it’s one of the few areas of law for which legal aid is sometimes still available.  It’s often therefore worth seeing a solicitor.

4              A Specific Issue Order to allow a parent to do something specific with the child such as moving away to another part of the country or indeed to another country.  .  The parent wishing to move would have to prove why it’s not in the best interest of the child to move..  Friends, support, school et cetera et cetera all taken into account.  It would also encompass things such as changing school if the parents cannot agree, changing the child's name, and anything other specific.

The courts will not get involved in a Contact or Residence order unless the couple have been to mediation first.  So the couple would have to try mediation even if it subsequently fails and the matter proceeds to court.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 16 days ago.
thanks for the answer. What are the chances I would win in the court. What could I do to improve my chances?

You need a diary of events and why the mother is a danger to the children.  If social services are involved, so much the better.

You only need to prove, more likely than not, and your application would succeed.

Stuart J and other Law Specialists are ready to help you
Customer: replied 16 days ago.
Thanks for your help, Stuart. Have a good day.