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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3755
Experience:  LL.B (Hons)
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Hope you are well. I am going through a child custody matter

Customer Question

Hope you are well.I am going through a child custody matter with my wife through the court who took the children and moved to london snd filled court cases against me including non molestation pso divorce financial remedy and occupation orderShe also made domestic abuse allegations against me and that I abuse childrenI accepted non molestation and pso with no admissions to allegationsMother had admitted child assault twice and given Undertaking twice once in 2012 and once during interim in April 2021 when I made counter allegations and informed cafcas mother has been assaulting childrenI am allowed fortnightly supervised contact which is going great but there are many restrictions and no telephone contact which is frustrating for the children and myself.Children have been kept in women refuge home in a hostel room and they are dying to return to their family home in Manchester.Occupation order application has been withdrawn as mother wishes not return to return to ManchesterShe has taken kids on 23/03/2021 against children end my willFHDRA hearing was on 22/09/2021 and I made an emergency application to change children residence to return them to Manchester but court didn’t accept it and merged my application into mothers application And also telephone contact was refused and community session with children because mother has alleged I may abduct children to Pakistan although passports are with mothers solicitor and it’s not trueWe were told to exchange witness statements and list of allegations which we both have and as expected mother had submitted no evidence except her words whereas I have submitted evidence record of almost 900 pagesWe were both told by the court order to exchange responses by 12/11/2021 at 4pm which I did but mothers solicitor didn’t and they didn’t even contact me for extension till Monday when I reached out to them end they advised they need extension after the deadline has been passed to which I refused and asked them to contact the court for extension as they have now seen my responses and can now change their answers accordingly.Children have been emotionally abused and brainwashed but they no matter what they love me to but snd wish to return to me Which is in contact centre reports and they have been exposed to information which is. Or suitable for them and there is a court order to not discuss child arrangement with them which mother has breached.Next hearing is on 07/04/2022 which moths always and I can’t wait till then and want the court to conduct an early hearing. I have been told this morning by the court clerk to email the court and ask to bring the hearing to an early date.I was told by another solicitor that I should file a C2 applicationI am not sure what should be the best way forward. My case is very strong and have a lot of evidence against mother and to support my ability to look after three children as I have always did.I have statements from nannies, nurseries, neighbours, 11 contact centre reports, children wishes and their love end bond, I am flexible and have enough time to look after the childrenPlease suggest if I should write then what should I say to convince the courts to bring the hearing to an early date?
Submitted: 10 days ago.
Category: Law
Customer: replied 10 days ago.
https://www.duncanlewis.co.uk/litigation_news/Strike_Out_Applications_%E2%80%93_Can_Your_Claim_Stand_the_Test__(19_January_2016).htmlCan I also ask the court to strike out mothers application in a family court for domestic abuse as she has no provided any evidence
Customer: replied 10 days ago.
https://www.afplaw.co.uk/2019/12/07/strikingoutapplications/
Customer: replied 10 days ago.
Rule 4.4(1) permits the court to strike out a statement of case if;
(a) It discloses no reasonable grounds for bringing or defending the claim,
(b) It is an abuse of process or will obstruct the just disposal of proceedings,
(c) There has been a failure to comply with a rule of Court, Practice Direction or Order, or
(d) In matrimonial proceedings and Civil Partnership proceedings, the parties consent.
Expert:  RJM Law replied 10 days ago.

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Customer: replied 9 days ago.
That’s fine
Expert:  RJM Law replied 9 days ago.

I am sorry to hear about this matter.  There are obviously quite a lot of "moving parts" in terms of indirect contact, relocation etc.  however, these can all be dealt with.  What I would advise at this point is looking at obtaining an updated or fresh court order to address all of the developments in the matter.  The court are happy to re-address issues and they can make judgments if there has been alleged abuse or breaches of conditions.  Instead of a strike out action as you are enquiring about, I would advise a new order be sought as this can achieve both a strike out of old instructions but also remedy.   I believe this would be the best way forward.  Given the complexity of the case and also the likelyhood of an extensive evidence bundle, I would advise instructing a solicitor if this is possible.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

https://www.lawsoc-ni.org/solicitors (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 8 days ago.
Thank you for your answer, I cant afford solicitor hence i am doing it all by myselfI am litigant in person.Do you know the fees for making C2 application?
Customer: replied 8 days ago.
Hi,I spoke to the court clerk who advised me to write an email to the court and request for the hearing to bring forward, I have written some rough points which i would like to share with you, is there anything would you like me to change or add or deduct from the statement?
Expert:  RJM Law replied 8 days ago.

I think I dealt with this on another feed?

Customer: replied 8 days ago.
Expert:  RJM Law replied 7 days ago.

I wish you all the best