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Ask Clare Your Own Question
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34233
Experience:  25 years experience of all aspects of family law
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I am currently in and out of court with my ex husband. He

Customer Question

I am currently in and out of court with my ex husband. He has a criminal record for criminal damage and battery towards me. I have had years of abuse, violence, controlling behaviour, all witnessed by my daughter and sometimes violence towards her! He has had no contact for 3 years. He has been an illegal immigrant and trying to get a visa, on the basis he has a child here, however the immigration people have said you have no contact with your daughter there is no need for you to stay!
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I have cafcass coming round today to speak with me and he is going to my daughters school soon!
JA: Is there anything else important you think the Family Lawyer should know?
Customer: I am finding everything very stressful and so is my daughter who has been showing signs of stress
JA: Our top Family Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Family Lawyer in on everything we've discussed. You can go back and forth with the Family Lawyer until you're 100% satisfied. We guarantee it.
Customer: I don't no I can't afford one, I have been in regular contact with womens aid
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.


Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

How old is your daughter?

Customer: replied 1 year ago.
She is 7
Expert:  Clare replied 1 year ago.

Has there been a first hearing?

Customer: replied 1 year ago.
in August. I front of 3 magistrates, he hadn't got a visa for the uk and was told that because he has no contact with his daughter he would be refused in these grounds! I believe he is now trying to claim asylum!
He got restrained in court as he got abussive and violent and was causing disruptions and he got thrown out of court and issued a court order to not remover her from my care!
His interpreter told us because he believed I should know that he planned to take my daughter, resulting in cafcass and the courts advising me to move
Expert:  Clare replied 1 year ago.


So what has happened since then?

Customer: replied 1 year ago.
I have been in and out of court several times since then because it's now in front of a judge and wanted to know what immigration are saying about visa!!
He is supported by a solicitor and interpreter.
Customer: replied 1 year ago.
I am supposed to if received copies of paperwork sent in by him but I am not and have not received anything!
Court have ordered cafcass to do a section 7 report!
They are coming to my home this evening and want to go to my daughters school
Expert:  Clare replied 1 year ago.


What do you need to know to help you?

Customer: replied 1 year ago.
Any advice for my talk with cafcass?
And basically what rights my daughter has as a human being and not wanting to see the father
Customer: replied 1 year ago.
Do you think I should get a solicitor for court as I haven't been represented yet?
Expert:  Clare replied 1 year ago.

At 7 your daughter is a little young for her wishes to be decisive on the issue as it is not util a child is 9 that hey start to have any real understanding of abstract concepts.

On that basis you shoudl not concentrate on her wishes - after all the dentist is not a popular person either!

HOWEVER you do have excellent reasons to be concerned about him seeing the child - his threats in Court let alone anywhere else and this is what you should concentrate on, together with the violence he subjected you and your daughter to.

It is fine to point out hat her memories of him are ones that cause fear and that you are worried about the possible long term consequences of her seeing him.

You are equally entitled to say that you truly believe he is using the child to get a vis a and that once he has that he will drop her again.

These are all genuine worries you have - and that you are entitled to have in the circumstances.

Remember the CAFCASS officer is simply there to find out what is best for your child - and that is what you want as well - so he or she is not the enemy!

If you are still suffering from anxiety as a result f your ex's actions then you may be eligible for Legal Aid (if you qualify financially) - so it oculd be worth looking at that prior to the next hearing.

I hope that this is of assistance - please ask if you need further details