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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Customer Question

Hi my name isXXXXX have an 2 year old son - Dominik. His father on 10th February 2012 make a threat to kill towards me and my baby after using a drugs. He had spent 10 months in prison. On 11th december he had left the prison. My baby's grandparents were helping me trough this time to looking after my son. I would like my son to see them as it was till now on mon, tue,fri (3 hours a day) plus i would like my son to see his father once a week on saturdays. My son has my surname only so I have full custody over him. Social worker said that they are not satisfied with my decision. they want me to leave my job and change mmy son's nursery. I do not wish to do that because my work is my main income and it took me two months because my son get use to the nursery where he is currently attending. I cant leave my job because Im a polish nationality. My baby father was born in UK but originally from India. Im staying in a hostel at the moment. Can I decide about who and when will be seeing my son? Do I have to listen to Social Care? Have they got right to tell me to become unemployed or to make changes about my work  and nursery?

Submitted: 4 years ago.
Category: Family Law
Expert:  michael holly replied 4 years ago.

The social worker presumably believes that the father is a threat to you and/or the child. Do you have any reasons for thinking that he will not be a danger to you and your son?

Does the father know where you work?

Yours sincerely

Customer: replied 4 years ago.

I don't genuine believe that the father would hurt my son. He never hurt him. My ex partner was violent to me but never to a baby. My son is a very much attached to a grandparents they are his only family. I would like father to have a possibility to look after him while I'm at work or at least to have contact with baby in children centre. Baby's father left drugs so I dont think that he can be danger now to me.


Yes he know where Im working at the moment.

Expert:  michael holly replied 4 years ago.

Dear Natalia

The key to this is that the social worker believes that the father is a risk to you or your son. What is the social workers objection to the grand parents?

Yours sincerely

Michael

Customer: replied 4 years ago.

The Grandparents are parents of my ex partner. I have difficult family situation I'm working part time in Asda earning about £400-£500 p/m. I'm on WTC which is about £400 /pm, CHB £20,30 p/w. Im covering my son's nursery which is 15h a week - £345 p/m. I'm paying rent £1050 pm from covered partly (£750) from HB. The outstanding £300 I have to pay from my income. I cant afford to leave my job. About nursery I've paid a deposit which was £200 plus sign an agreement that i will give them two months notice. If my son Is not gonna go back to nursery im not gonna be able to go to work. I will still have to pay for the nursery. The social worker is going to put me in debt. As a polish citizen i need to stay in employment to get benefits. They not thinking that I won't have money to support my baby and myself anyway.

Customer: replied 4 years ago.

Relist: Incomplete answer.

Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your questions.
Why do Social Services wish you to leave work?
CLAIRE
Customer: replied 4 years ago.

sicial services want me to leave my job because my ex partner knows where job is. I think its too much.

Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question.
Has your ex made any further threats since he left prison?
I assume that you do not wish to return to Poland?
Claire
Customer: replied 4 years ago.

no he didnt make any threats since left the prison. probation officer said to my suport worker that he would like to have a contact with his son. im living here five years, i would have to start everything from the bigining there. i dont have a place where i can go back to.


 

Expert:  Clare replied 4 years ago.
Hi
What steps have you taken to protect yourself in the event that he reverts to taking drugs
Claire
Customer: replied 4 years ago.

he doesnt know where im living now, im in a hostel. I'm gonna change the borrow. I would like him to check his blood every month to show that he is staying out of drugs.

Expert:  Clare replied 4 years ago.
Hi
Change the borrow?
Claire
Customer: replied 4 years ago.

i was living in brent now im going to live in ealing borrow


 

Expert:  Clare replied 4 years ago.
Hi
So he doesn't know where you live - only where you work?
Is he receiving any ongoing support with regard to drugs?
Claire
Customer: replied 4 years ago.

i dont know in prison he did but now not sure


 

Expert:  Clare replied 4 years ago.
Hi
Do his parents know (this is important)
Claire
Customer: replied 4 years ago.

about what?

Expert:  Clare replied 4 years ago.
Hi
About what support he is getting with drug abuse now he is out of prison
Claire
Customer: replied 4 years ago.

no idea


 

Customer: replied 4 years ago.

no idea

Expert:  Clare replied 4 years ago.
Hi
I have to say that you are in a difficult but not yet impossible position.
Your social worker clearly has serious concerns about your safety - and thus that of your child.
You have understandable concerns about your financial position - but you need to convince the Social Worker that you are realistic about the risk this man poses to you and that you will take immediate action to move jobs if need.
It would be worth talking to your employer to see if you could transfer to another branch - this will reassure the social worker that you are being realistic about the risks involved.
You are clearly close to his parents - so should use them as a way of ensuring that they can warn you if there is any evidence that he has slipped backwards.
If you do all of this then your social worker should be reassured
Claire

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