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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 82110
Experience:  Over 15 years in practice
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My husband is currently part of an ongoing dv investigation,

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Hello
JA: Hi. How can I help?
Customer: My husband is currently part of an ongoing dv investigation, he has an alcohol dependency problem. He is currently under bail conditions and these are likely to roll out on 18th July for at least one more month. The police have now applied for a non molestation order for when bail conditions come to an end. When dust settles I need to ensure that the children (11 & 13) do not stay overnight with him as I do not believe it to be safe until he gets the drinking under control. I am not trying to stop him seeing them altogether but he drinks at night and I do not believe it to be safe if they stay with him overnight. I don’t know where to start with this process. Could you help me?
JA: What steps have you taken? Have you filed any papers in the family court?
Customer: None. He was only arrested Sunday morning so this is all very recent. The police have advised me to contact citizens advice to see what (if any) help I can get
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: They are currently gathering evidence to present to CPS I live in Nottingham
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think I’ve told you everything.
Jo C.

Hi, welcome to Just Answer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

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How can I help please

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Customer: replied 1 month ago.
I am looking for advice on how I can ensure my husband does not have the children overnight due to heavy alcohol usage, I don’t believe it to be safe. They are 11 & 13. I sent a message explaining on initial query, did you get a chance to read the details?

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.

Sometimes I will get back to you very quickly, other times it's going to be longer and possibly hours or overnight

Please bear in mind that it takes me time to type answers and I also have clients and sometimes have to attend court so I may not get back to you immediately.

You can make any contact arrangements with him that you like now but if he seeks a contact order from the family court then he almost certainly will get overnight visits. They will assess him. Contact might start off in a contact centre but there is absolutely no prospect long term of him not having overnight contact with his children.

Can I clarify anything for you?

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.

Jo

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Customer: replied 1 month ago.
I don’t want to stop him from seeing them - he is their father, however I believe it is unsafe for him to have them overnight as he drinks heavily in the evenings. Can you advise how I can arrange this? I understand he has rights as their legal guardian however I have serious safeguarding concerns so am duty bound as their mother to raise these. I have to keep them safe

Only what I said.

you can refuse that, but he can go to court and will almost certainly win.

Its not his right, its the right of your children  to have access to their father.

The court will assess your concerns, but consuming alcohol in the evenings is not likely to be a bar per se.

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