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Does this qualify for an emergency hearing? (Urgent)

3 replies

HelpABrotherOut · 20/05/2018 18:30

So my DB has recently split up with his ex who is also the mother of his children

Since then she has taken his stuff and thrown it down 3 flights of stairs (broken £1000+ of stuff)
Taken a knife to him and threatened to kill him
Been racially abusive
Constantly texting/calling 40+ in the space of 15 minutes (he doesn't reply)
Hacking his social media accounts
Contacting family members when he doesn't reply and then being abusive to them

The police were called and he was smart enough to record some of the incidents like her launching his belongings downstairs. He's saved SS of his social media messages stating that passwords were changed, number removed from his account by someone at her location. He is still waiting for them to take a statement and speak with her.

She has had his family members involved to, to the point where she's threatened his car, house etc to the point he had to stay with me and hide his car at a different location.

This has all happened since Friday night and is still continuing. There has been a history of DV (she pushed him down the stairs and he broke his hand but said he hit a wall after she said their DS would be taken from them)

She's also now refusing to let him see his DS but he's extremely worried for his safety everything that's happened has happened with him there. He is wanting to obtain a CAO stating he should be with him but isn't sure if he can file an emergency order for that as he did most of the care when he wasn't at work.

I know he needs to fill in a C8 and a FL401 but I just wanted to know if he could ask for an emergency hearing

OP posts:
Jonbb · 20/05/2018 22:25

Yes, entirely appropriate, but he might want to involve social services as they would have concerns for the emotional and physical wellbeing of the children.

HelpABrotherOut · 20/05/2018 22:37

Thanks Jonbb

I've spoken with him and we've both agreed that he is to do that. He will be seeking a CAO to state the child lives with him

OP posts:
AliCat36 · 20/05/2018 22:45

C100 is the form to apply for a CAO. FL401 for a non molestation order. Sounds like he should be applying for both. Take the forms & a statement to court (need 3 copies of each) & say you need to see a judge urgently.

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