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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33304
Experience:  family solictor with 25 years experience
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I am not sure how this works! I am looking up any relevant

Customer Question

Hi, I am not sure how this works! I am looking up any relevant information for the final court hearing about contact and my move abroad with my son
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and what move are you planning?
Clare
Customer: replied 1 year ago.
He is 3yo and we are planning the move to Serbia where I come from. I am Serbian/British citizen. His dad is British
Expert:  Clare replied 1 year ago.
Hi
Have you applied to the court for permission to remove the child from the UK?
Clare
Customer: replied 1 year ago.
Its a rather long story! My ex applied for shared residence in Nov '13, we had four hearings last year about it. The reason we split up was emotional, verbal and psychological abuse. My son witnessed this on many occasions up until the ex moved out when he was 10months, but then it continued at handovers when he was seeing him unsupervised. He kept returning him with issues - fevers, sore bottom, pulling him by one arm off the ground, not being able to put his shoes on resulting in cuts on his feet etc The last hearing dec '14 I suggested they continue supervised contact until ex finished anger management course, then move onto supported and then in a play group. Since Cafcass officer was missing, they agreed to it. In the last 2-3 months I have noticed that my son's tantrums were pretty violent - he is very aggressive towards me, and this started when he resumed seeing his dad in supervised environment (apr '14) and it became obvious it is not just tantrums (hitting me, biting me, throwing things at me) every time I say no or do something he does not like. He saw dad yesterday for the first time in a playgroup. Today he weed himself (potty trained for 6-7months, always asks for a wee) and as I did not have spare clothes with me and put the nappy on, he weed in the nappy after, and just before bedtime when the night nappy went on he weed again in it. So today he has not been on the potty at all bar this morning. I am getting increasingly concerned that there is an issue with seeing dad, but cant put my finger on what it is. Cafcass is pushing for unsupervised contact despite abuse and neglect and recommending we should not go.Final hearing week after next and my statement due Tues.
Customer: replied 1 year ago.
So yes, my application for removal was heard in dec '14 for the first time
Expert:  Clare replied 1 year ago.
Hi
Does your health visitor have any concerns about the child?
Clare
Customer: replied 1 year ago.
Yes, I went to see her, after the GP remained unwilling to refer. She pushed it, we got referred to CAMHS, but just got a letter saying his case does not reach the threshold for tier 3 and telling me to ask GP to refer to some other service - Ealing Children's Integrated Response Service. She also got me contact details and self referral forms for Stephen's place in Hammersmith for abused children which I will submit next week.
Expert:  Clare replied 1 year ago.
Hi
Has anyone else observed any of the behaviour that is causing concern?
Clare
Customer: replied 1 year ago.
A friend of mine, my aunt (he hits her as well and bit her today). I have some recordings. In the nursery there were a few days when he was rough with other kids which was unlike him there. It seems to be happening primarily towards me.
Customer: replied 1 year ago.
The health visitor made a record of it too as it happened there as well.
Expert:  Clare replied 1 year ago.
Hi
What comments has the CAFCASS officer made regarding this?
Clare
Customer: replied 1 year ago.
He ignored it all! Said the contact should progress as per first order (before increasing developments of these problems)
Expert:  Clare replied 1 year ago.
Hi
The problem that you face are that this is not in fact unusual behaviour from a toddler caught up in such disputes and the fact that you are applying for leave to remove the child makes it harder for you to convince the court that there is a real problem
Indeed the fact is that the more you co-operate with contact the more likely it is that your return home will be agreed
There is helpful information on these sites
http://coramchambers.co.uk/media/Seminar_Notes/Online_Handout.pdf
http://www.cflp.co.uk/tag/leave-to-remove/
http://www.stevens-bolton.com/uploads/15-12-08-leave-to-remove.pdf
I hope that this is of assistance -please ask if you need further details
Clare