Child Access Defendant Advice

[Barnet]

Hi

My daughter has been cited as respondant in a Child Access case. It is really about the father restarting seeing his son. There is some history regarding their relationship. Is there any reason my daughter, who is living hand to mouth to provide for her son (3yrs) should need to employ a solicitor to assist in court. If so, is it more likely to be needed at the second hearing as I'm led to believe the first hearing is mainly to establish the case back ground rather than 'arguments' which will be based on cafcass recommendations. She has to return her acknowledgement ASAP but has some aspects of the fathers statement she disputes. How should this be handled. There has been some violance towards my daughter, witnessed by the youngster, who keeps mentioning the event without any prompting saying, 'Daddy hit mummy. That's naughty, isn't it?'. The father is a weekend drinker and spends uch of his time in Betting Shops and pubs. He does work all week as a builders labourer. She has recently been finished in her job and cannot claim any Legal Aid. We are ill positioned to help her out as we are hanging by the financial skin of our teeth. Thank you in advance.

[Openlaw15]

Re: Child Access Defendant Advice

Hi

My daughter has been cited as respondant in a Child Access case. It is really about the father restarting seeing his son. There is some history regarding their relationship. Is there any reason my daughter, who is living hand to mouth to provide for her son (3yrs) should need to employ a solicitor to assist in court. If so, is it more likely to be needed at the second hearing as I'm led to believe the first hearing is mainly to establish the case back ground rather than 'arguments' which will be based on cafcass recommendations. She has to return her acknowledgement ASAP but has some aspects of the fathers statement she disputes. How should this be handled. There has been some violance towards my daughter, witnessed by the youngster, who keeps mentioning the event without any prompting saying, 'Daddy hit mummy. That's naughty, isn't it?'. The father is a weekend drinker and spends uch of his time in Betting Shops and pubs. He does work all week as a builders labourer. She has recently been finished in her job and cannot claim any Legal Aid. We are ill positioned to help her out as we are hanging by the financial skin of our teeth. Thank you in advance.

Amended. I misread the facts am sorry. If I have further misunderstood the fact, please llet me know. I assume the father wants right to Access his son, he is claimant, is your daughter wanting to stop this Access? I assume so. If so she need to prove he is a threat.

The second alternative to below, as this is only Child Access, ie her ex partner wants contact with 3 year old, she may not need a solicitor. If it was for a custody matter, ie which substantively affects mother's right to contact, or live with the 3 year old son, it would likely require a solicitor. It's still likely a hearing for domestic abuse, if so a solicitor would be useful. It seems likely the ex will get child access if there is no domestic abuse separate hearing. The law is rights to have a relationship with children unless they're proven to be a threat, in England and in all English speaking countries such as the USA, Canada, Australia etc.

The way I understand it, it's an 'initial' (preliminary hearing), and if there's any allegations of abuse this is raised. Then there is a hearing for the 'domestic abuse' allegations. The CAFCASS officer will be there at the preliminary hearing, then produces a section 7 report and whom they believe can provide the 'best interests' of the child. After this there should be another hearing for the main case.

As there has been incidents of 'domestic abuse', your daughter has the right to make a claim for legal aid. Your facts: her partner assaulted mother in front of 3 year old son. This is domestic abuse so you should be eligible to make a claim for legal aid. She needs to make a statement and her lawyer can make sure the questions are fair. Is there going to be a domestic abuse' hearing before the main hearing? as this is normal under family court procedure, where domestic abuse allegations have been raised.

If her ex has a lawyer, it's best to have a lawyer. Will he have a lawyer? A lawyer will make sure correct procedure has been followed throughout, ie he can choose the questions that are asked to your daughter. A lawyer will know when to ask for an adjournment (ie delay), to give her a break. A lawyer knows when the questions being asked are fair and when they're not fair, and how to approach the judge to deal with the matter, on the spot. If you don't follow the court procedure it could go against you.