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Moving away and Clare’s Law

13 replies

Newstartwithanyluck · 21/07/2024 01:09

My ex partner left when my daughter was 4 weeks old. He was always emotionally and financially abusive, and continues to be so up to this day.

When dd was 18 months old he assaulted me, leaving me lying in the road with head injuries. He did this in front of our child. I was granted a non molestation order and a prohibitive steps order. This led to residency going to court. The judge revoked the prohibitive steps order, shortened the non-molestation order from 12 to 6 months, and ruled that it would not be shown on his police record as it was “my word against his”, despite police attending the scene, as there were no witnesses that were willing to come forward. I was granted residency, with dd seeing her father for one overnight a week, and every second weekend. I know this has no bearing, but it was a female judge, which somehow made it all the worse. The order states that he must either be able to see her “or communicate with her” (which I take it means via phone or FaceTime) on these days.

5 years on and school have shared with me that they have concerns for DD’s welfare when she is with Dad. She is refusing to leave the school buildings when he picks her up and staff members refuse to be on their own with him if he is in the playground. He has sent her to school in inappropriate clothing on “numerous” occasions (a vest and a pair of knickers). Today I was sent a message urging me to make a Clare’s Law application regarding him, which I have done. I know it will not show the non-molestation order I took out.

He regularly sends me abusive messages (approximately twice a week) but has not threatened me face-to-face for a while.

I am over being scared of him. I want a fresh start for myself and for dd, and have been offered a lovely house 2 hours from where we are now. Dd is in the final stages of an autism assessment which has gone to panel, and we will get the outcome in three weeks’ time. School already treat her as autistic as her needs are quite pronounced, and she has input from the SENCO, but her father insists that she is “absolutely fine” and if a diagnosis is granted it is because I asked for one, not because she has autism. The school she would attend has excellent SEND provision, and feeds into a secondary with outstanding SEND provision.

I am scared that I will not be allowed to move away as his right to see dd trumps my right to move. We have lived here for the past 7 years as I have been too scared to rock the boat, but mentally I need a fresh start. I am so worn down by it all, and over the past 3 months his abuse has ramped up, so he has either had a relationship end or has lost his job (the two usual triggers for him to start taking it out on me and dd). I would feel so much more settled and comfortable if he wasn’t 20 minutes away by car.

OP posts:
Pinkbonbon · 21/07/2024 01:24

I'd just move. Its 2 hours, not 20 hours. Should be fine. Maybe see if you can get a job there and then you can say you had to move for work.

Not sure I'd be putting my kid through an autism assessment at such a time btw, her stress might cause inaccurate outcome.

Have you been reporting his abuse to the police?
Because that's what you should be doing every time. Sounds like you've plenty text evidence.
Report that to the police.

Also, claires law is a bit pointless as you already know he is abusive. Tell whoever asked you to take it this. No need to go into detail.

WhamBamThankU · 21/07/2024 01:33

I know this isn't what your post is about but my experience of female judges isn't favourable towards them. My latest one was responsible (in my opinion) for a man killing his two children thanks to the contact she granted. So I don't think judges are always best placed to make such severe orders. Best of luck and personally I'd move in a heartbeat before father finds out.

Newstartwithanyluck · 22/07/2024 13:24

Thank you both so much for your replies. I agree that moving away is the best thing for both of us.

OP posts:
TickingKey46 · 23/07/2024 06:37

Sorry just to clarify, he sent her to school in just her pants and a vest? Have I read this correctly? How old is she?
What have school done about it?
Do you already have a court order?

PeriIsKickingMyButt · 23/07/2024 06:39

Well he can go to court to apply to stop you moving. He has the right to do that.

BeaRF75 · 23/07/2024 06:41

Have you spoken to a solicitor? I think you need proper legal advice.

Discotrousers · 23/07/2024 06:44

BeaRF75 · 23/07/2024 06:41

Have you spoken to a solicitor? I think you need proper legal advice.

I wonder if Rights of Women would be a good first call, they may be able to give initial advice and then recommend a solicitor with the right sort of experience.

Bobbie12345 · 23/07/2024 06:45

A Claire’s law application might be well worth it. You might find that he has done something to someone else. That would strengthen your case in the future wouldn’t it?

NC10125 · 23/07/2024 06:56

How consistent is he with having his time? And does he pick up / drop off from school or does he come to your house?

If his behaviour amd parenting is poor enough that school are concerned about dd’s welfare it might be helpful if they made a social services referral so that you have some evidence of a reason for altering contact.

I also agree with pp that you should report any abuse towards you, or towards school staff, to the police. You need to have clear evidence that his abusive behaviour is ongoing.

Are you able to get any legal advice about reducing or stopping contact?

NC10125 · 23/07/2024 06:57

PeriIsKickingMyButt · 23/07/2024 06:39

Well he can go to court to apply to stop you moving. He has the right to do that.

This is a very good point. Don’t discuss moving with dd and don’t tell him you’re thinking about it until it has already happened.

Bectoria2006 · 23/07/2024 07:44

What does the residency order say about moving and how would you facilitate contact if you moved? Those are the type of questions that you would be asked if it went back to court.

I wish you well as this sounds a horrendous situation but the good thing is you have school concerned as well so it’s not jus lt your word.

90yomakeuproom · 23/07/2024 07:49

Who told you to do claires law? Why would you need to if you're not with him anymore and already know what he's like?
School should report their concerns about the clothing to ss, or you could yourself and they will contact the school.

Andwegoroundagain · 23/07/2024 07:52

Given the circumstances I'd just move and if he applies to court then you just say you'll drive DD to see him etc.
Also do the Clares law and also log absolutely all these incidents and screenshot messages etc. Then if he does go to court regarding your move you can just present all of this information

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