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My daughter is in a legal battle with the father (more appropriately…

Customer Question
My daughter is in a...
My daughter is in a legal battle with the father (more appropriately donor) of her 2 children. She will go to the final judgement on June 16th. She fully believes that the father is a serious danger to the children and yet the CAFCASS officer has reported that the father should be re-introduced to the children with eventual parental responsibility. He has a violent and unpredictable past and threatened to kill the children more than once by telephone to her. This can be proven by witnesses
How can we contest the outcome if the judgement allows access? Her solicitor says that access is inevitable.
Submitted: 8 years ago.Category: UK Family Law
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Answered in 1 hour by:
6/10/2010
Solicitor: Clare, Family Solicitor replied 8 years ago
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 13,510
Experience: 25 years experience of all aspects of family law
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hi

how old are the children

claire

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Customer reply replied 8 years ago
The boy is 10 and the girl is 7
Solicitor: Clare, Family Solicitor replied 8 years ago

hi

and what contact has cafcass suggested

claire

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Customer reply replied 8 years ago
Initial written correspondence building towards meeting after 3 months. I have received this information verbally because my daughter is too distressed to discuss it further and feels helpless and terrified of the proceedings next week
Solicitor: Clare, Family Solicitor replied 8 years ago

hi

has there been a finding of fact hearing regarding the allegations of violence

when did he last see the children

claire

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Customer reply replied 8 years ago

No, but the allegation information was presented at the first hearing and he was ordered to undergo an alcohol abuse test. The cafcass officer met with him 2 weeks ago and although the tests are very delayed for technical reasons he stated that he has stopped drinking completely.

Claire,

my daughter's main concern is: what can be done if it all goes wrong next week and he gets access ? What appeal or delaying strategy is available to give her time to prove this person's dangerous and devious character ?

Solicitor: Clare, Family Solicitor replied 8 years ago

hi

so there was a first hearing and a cafcass report was ordered

she is now approaching the second directions hearing and the cafcass officer has recommended a gradual introduction - is that correct?

claire

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Customer reply replied 8 years ago
Yes
Solicitor: Clare, Family Solicitor replied 8 years ago

hi

have any statements been filed yet?

claire

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Customer reply replied 8 years ago

Yes, following my daughter's statement he replied with his answers which initiated the cafcass interviews and subsequent report to the court.

This morning we learned that the alcahol abuse tests were negative which is not surprising because the tests were conducted 3 months after being ordered.

My daughter's solicitor in her covering letter said 'you should consider these results prior to the hearing on Wednesday'. The solicitor is actively encouraging my daughter not to pursue her allegations any further as it will make no difference to the final outcome. Should she take her fears to Social Services ?

Solicitor: Clare, Family Solicitor replied 8 years ago

hi

when did the children last see their father and has he ever been abusive to the children themselves

claire

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Customer reply replied 8 years ago
Just over 4 years ago. He never brought them back on time and was always found in a pub. After this in April 06 my daughter told him that he could come and see them but not take them away again. He never again came round but after this started his abusive drunken phone calls and this is when he twice threatened to kill them. Once when sober. My daughter who left him in 03 knows him as a calculating and sinister person which is why all the terror. I don't believe that he was ever directly abusive to them but narrowly missed the head of the youngest when throwing a brick at my escaping daughter. I just want to know how she can delay access until she can bring new evidence of his character and deeds.
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