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History: Home UK Divorce Forum
Topic:
legal advice and help (8 Posts)
Started By:
Date:
15 April, 2017 08:26PM
legal advice and help
lotus - 15 April, 2017 08:26PM
My ex doesn't let me see/talk to the children and is taking child maintenance from me for the last two years. I am their biological mother and currently seeking legal help. He is using the kids, forcing them to say that they do not wish to see me. I feel that I am not properly represented in the court. I do not wish to lose them as he is psychologically abusing them. I was a victim of domestic abuse and can't leave my kids with him. Domestic abuse is not taken seriously by the police since I have reported it late despite providing witness statements from people and the kids being the direct witnesses. Please can somebody suggest me a good Barrister who could represent me properly at the court to get the kids custody. I am willing to fund myself.
Re: legal advice and help
Bubblegum - 16 April, 2017 01:00AM
How old are the children? What court proceedings have you already had in respect of the children? Are there any orders in place? CAFCASS involved?

The direct access portal is a good starting point if you are looking for barrister you can instruct directly.
Re: legal advice and help
lotus - 16 April, 2017 08:10AM
the children are 7 and 11 years old. There are no orders in place yet. The child arrangement order case is ongoing and I have final hearing coming up. CAFCASS was involved. I have a Barrister currently but I feel that I am not properly being represented. Please can someone recommend any firm or a particular person who could represent me.
Re: legal advice and help
Bubblegum - 16 April, 2017 08:28AM
Has no interim contact been granted?
What in particular do you feel your current barrister is not doing for you?
Which part of the country are you in?
Re: legal advice and help
lotus - 16 April, 2017 08:51AM
The interim contact has been granted but the dad did not let it happen. He is forcing the kids to say that they do not wish to see me or talk to me. He has breached the court order thrice and no action has been taken place. The social worker (section 37 report) says that the kids are comfortable with the dad and the step mother and should be left alone. The kids are under the pressure to say the things. They have witnessed the abuse directly several times and hence do not wish to say anything against him. The police are refusing to take any action against him as the domestic abuse was reported after a year and should be reported within 6 months of it taking place. The judge has appointed a guardian since the social worker report was inconclusive. The guardian says if the kids are not disclosing the things and wish to remain with the dad there is not a lot they could help me with. My barrister is of the same opinion. Is this an end for me? Does this mean I will lose them forever. What happens if he doesn't get on with this new lady? will he introduce a third mother to the kids? I live in Leicester.
Re: legal advice and help
Bubblegum - 16 April, 2017 09:20AM
I find it hard to believe that you can't even get supervised contact. Especially if there are no safeguarding issues. I understand that the children's wishes are important, but if you're arguing parental alienation, this must be considered on balance. I'd say your case is a very difficult one. I would have thought the courts would take a gently gently approach and build up the relationship/contact over time with the help of the guardian, unless there is a clear reason why contact is not in the interests of the children. I can only assume that the guardian has not seen any evidence of parental alienation.

I'm afraid I do not know your area in order to recommend anyone. But do some research using the portal and find a barrister who is a good fit for you. Some will offer a free initial consultation to consider your case.

Good luck!



Edited 1 time(s). Last edit at 16/04/2017 05:59PM by Bubblegum.
Re: legal advice and help
Bubblegum - 18 April, 2017 09:20AM
This article I came across may be of interest to you...
‪ [mothersapartproject.com]‬



Edited 1 time(s). Last edit at 18/04/2017 09:20AM by Bubblegum.
Re: legal advice and help
lotus - 20 April, 2017 11:14AM
Thanks for your advice.
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