How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34274
Experience:  family solictor with 25 years experience
13262538
Type Your UK Law Question Here...
Clare is online now
A new question is answered every 9 seconds

My new partner has a criminal conviction from 2010 relating

Customer Question

My new partner has a criminal conviction from 2010 relating to drugs which he was given a suspended sentence&community service. His work stood by him& He has since turned his life around&has earnt 2 promotions within the respected company. He has a 3year old daughter who he has full access to&shares 50% custody of, which has never even been questioned. Along with which he has unquestioned access to his 11year old step daughter when it is agreed. However my ex has found out about this conviction and without hearing me out has looked into getting a specific issue order to stop our 2 daughters being around him. Is he able to do this? It is so unfair the childrens safety has never been questioned and he is a wonderful dad and my children have developed a good relationship with him.
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.

Hi

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 long have you been together and how old are your children

Customer: replied 1 year ago.
Me and my new partner have been together 5 months now. The girls are 2 and 5.
My divorce hasnt completed yet.
Expert:  Clare replied 1 year ago.

What contact does your partner currently have with the children?

Customer: replied 1 year ago.
He was staying here 5 nights a week and we would all do things together with the all the children on the weekends. Since he separated from his wife in January he immediately rented a 2 bed flat so he could have his daughter as much as possible which is 50%. However my ex didn't have our children over night or any lengthy period for the first 8months of our separation as he went to a shared house with another man but refused to rent anywhere else, just wait until he bought somewhere new, which he now has.
Since my ex made this announcement on Friday my partner has said until it's sorted he will only stay the night when my kids are with my ex, to show him hes not trying to cause trouble,but everyone has said no way we should carry on as normal as he's done nothing wrong. The kids are upset, I'm upset &it just seems so unfair that he can continually be punished for something in his past that's not who he is anymore, especially in this way by a jealous ex.
Expert:  Clare replied 1 year ago.

Deep breaths.

Just because your ex is saying that he is going to court doesn't mean that he will - and certainly does not mean that the Court will grant the order

For your own reassurance go to the local police and ask for your partner to be DBS checked under "Sarah's Law"

http://www.nspcc.org.uk/services-and-resources/research-and-resources/factsheet-and-briefings/child-sex-offender-disclosure-scheme/

Not because you actually have concerns - but because once you have done this you can be absolutely certain that your ex will fail in his threats!

Please ask if you need further details

Clare

Customer: replied 1 year ago.
do the courts only consider a past with sexual convictions as a threat to children to put an order in place to stop someone spending time with them? Is all that's needed to go to court someone (my ex) saying he feels the children are at risk? Or is there a process first before it gets as far as court?
Expert:  Clare replied 1 year ago.

The Courts will look at a conviction involving drink drugs or violence seriously

However you have described a good rehabilitation and the courts will take that into account as well.

Your ex is entitled to apply f he believes that the children are at risk

Safe guarding checks will be made and the Court will take action IF a risk is confirmed

Customer: replied 1 year ago.
would the fact that he has known about it for a while, but not said anything,still brought the kids back here when my partner is in the house&has gone off on holiday for 2 weeks without making any assurances. Show that he doesn't have a genuine concern and is just doing it out of jealousy and bitterness, because if I was concerned about my girls safety with him or his gf I wouldn't even take them to him until I knew it was safe.
I want to also point out my partner has never been an addict he was socially taking cocaine and getting abit for friends when he was caught, so it was easy for him to get it out of his life.
Also that I have never taken drugs, it's never appealed to me, I have a degree&worked with special needs children and in the care industry. I would never allow me children to be around such things or in danger and neither would my family and friends who are all clean cut people. Everyone can see my ex has reason to be initially concerned when you hear the words cocaine&conviction but he simply needed to come to me with his Concerns&me and everyone who knows Me&has met my partner will reassure him there is no risk to the children at all, instead he has shown that it's just a way to hurt me. Does any of that come into it before it would get to court? My basic thing is I don't even want to be near a court over this as it's not right or fair for any of us to have to go through that ordeal.
Expert:  Clare replied 1 year ago.

It need not be an ordeal. It would just be a matter of a few phone calls and a trip to the Court so that your ex can be asked why he is wasting everyones time.

the more you agonise over the possibility of it being awful the more power you give your ex!