Prohibitive steps order PLEASE HELP

[itwasadarkandstormy]

Hello, I wonder if someone has some good advice for me.

XH and I have been divorced for 5.5 years, early days were amicable, latter days not so much so. I have a non molestation order against him, and we are under the care of social workers.

There was no custody arrangement in the divorce as I wanted the dc's to be able to come and go as they wished. This is relevant.

XH has turned out to be a drug dealer. Quite a big one at that. And sadly he has also become a drug taker, which contributes to why we don't get on anymore.

He has the youngest dc maybe twice a week. I am loathed to stop contact, but it is coming to the stage where his behaviour - and driving - is so erratic that I would be irresponsible to let the current arrangement continue.

The social worker has recommended that I stop contact, and the fact that we have no formal custody agreement aids this. However, he obviously still has parental responsibility.

Can I apply for a Prohibitive Steps Order? I have made another appointment with the police because I am at the stage where I would be doing a public service to remove him from the streets. I have also made an appointment with the CAB to get some advice, but thought I would ask here too. I cannot afford a solicitor, but equally wouldn't qualify for legal aid. I am floundering somewhat.

TIA

[Poshindevon]

I am horrified that you allow your DC to see a drug dealer/addict who happens to be her father.
You need to stop all contact and apply for a prohibitive steps and tell the police.

[itwasadarkandstormy]

You actually think it's that easy to do?

[prh47bridge]

It is not clear what you want a prohibited steps order for. Unless there is an existing order regarding contact you can simply stop contact. If there is an order regarding contact you need to apply to vary that order. You may need a child arrangements order if there is a dispute over where they live.

[DaisysStew]

A prohibitive steps order will prevent him from taking the dc without your consent, and it extends to school/nursery/grandparents, anyone you've entrusted the dc to. Without it at any point if he wanted to take them, legally he could and in the absence of a child arrangement order the he couldn't be forced to return them. Well worth applying if he's behaving erratically and you think he's going to react badly to contact being stopped.

You can apply directly to the family court yourself or get a solicitor to do it on your behalf.

[itwasadarkandstormy]

Thank you, daisy, I will get onto that tomorrow

[itwasadarkandstormy]

What is the level of evidence required in the order for it to be granted? Do I need social worker notes, or will dates and times be enough?

[MrsBertBibby]

Has he ever taken the children from your care, or threatened to do so?