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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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I live in the UK. My ex is only allowed supervised access

Customer Question

I live in the UK. My ex is only allowed supervised access this is because of CAFCASS recommendations and also evidence given by my ex neuropsychologist stating only supervised contact will ensure my daughter is safe. My ex has emailed me stating he is
allowed our daughter on his own. I am very concerned as a few years ago he kept making threats to take the children and I had to get a non molestation order and prohibited steps order in place to protect them. I have spoke with school, legally where do I now
stand on regards ***** ***** children's safety?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

What your Ex has emailed you is not the controlling piece of information. What dictates the custodial arrangement is the most current custody order. If the most current custody order still requires supervised visitation then that is what remains in place regardless of what his email states. I would recommend that you respond to his email with a copy of the most current custody order and advising him he is subject to supervised visitation.

If the non molestation order is still in effect I would suggest that you file a petition for contempt indicating that he has violated the order hold him in contempt. If the non molestation order has expired I would suggest filing to obtain another. In the event of the current custody order does not specifically state that Ex is prohibited from removing the children from the jurisdiction then your order should be modified to add that provision. It is called a writ of Ne Exiat. You need to ensure that the supervised visitation requirement is followed. If for some reason the supervised visitation requirement has expired, I would file a petition for modification asking for the provision to be reinstated based upon his statement of an intention to remove the children from the jurisdiction.

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