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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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my granddaughter has had a court case against her mums partner

Customer Question

my granddaughter has had a court case against her mums partner for touching her inappropriatly and with this came a disclosure of her mums partners past he has served prison time for domestic violence towards his previous partner and also drugs her mum has gone on to get pregnant by her partner and has stood by him disbelieving her daughter given that at the time she was four years old and she has been interviewed by police and they have recorded my granddaughter telling them what happened her mum has turned the court case round to make it a case of her and myself and for some reason the people that was supposed to be looking out for my granddaughters security have deemed it fit for her to go and live back with her mum my son the child's father has had lots of issues of the neglect that has been made apparent to the court but for some reason the concerns that he has don't seem to matter to the guardian or the social worker she was appointed my granddaughter is now five years old and is still with her dad till the handover date my son has got her in full time education and has worked along side everyone who has been to see his daughter to get the progress she severeley needs in the four years of her mother having custody my granddaughter has only gained up to a thirty month old child's developments my son has got her in with the appropriate people to get her up to standard and seems to be getting some progress the teacher in my granddaughters class has written a report to the court and stated that the child was upset and feeling sick she has also said that she finds interacting hard but given the status of the case and the mental torture her mum and partner have put her through its no wonder shes warey of people we have built her confidence up slowly but she still sometimes prefers to be by herself during play the teacher has written that she finds it hard to make friends and she is un happy in the family home she lives in with her dad and she has no friends at home but this teacher has never seen my granddaughter at home so how can she make such a judgement the guardian has taken this as concrete and made a judgement that she will be ok to be returned to her mum and partner my gran
daughter is making friends at home and in school and shes is slowly coming out her pod my son has questioned why he wasn't addressed by the school if his daughter was in this said state but it fell on deaf ears he is scared for his daughter to be returned to her mum as he knows that her partner and mum live together and he would want to be around his own baby my son doesn't want his daughter being raised in such a enviroment and has asked that his daughter be left in his care where does he stand with this and has he got rights of appeal
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
Did the police take action in respect of the allegations made by the child?
When was the final hearing of the Residence application?
Claire
Customer: replied 3 years ago.

the police questioned the person under caution and he denies any involvement in such a thing my granddaughter was taken to a childrens hospital and medicaly examined they found that one of her muscles in or around her bottom was not normal but could not say if this was due to the alligation as there was no forensic the case got started 24th august last year and was concluded 15 june this year our main concerns are that now my granddaughter has been put back with her mum and partner and this could lead to further harm of her as her mums partner is known to be violent and has been jailed for this and drug use the violence was domestic we are worried that this may occur again with our granddaughter or around her as well as the drug issue we are not certain that there is not a ongoing issue of drug use and it could possibly be getting covered over by the mother the police couldnt charge due to the findings but they believe that something has happened even though both mum and partner deny the child is stating that he used his hands and we are not sure when so if evidence was there either mum could of washed it away or when shes been in our care we could have done the same washed it away unknowingly before shes found the courage to tell someone the only thing that is there is this loose muscle we are frightened that if she does go back to live with them that they could retaliate on her with a different kind of abuse or worse or if drugs are on the property she could come across them and think they was sweets or anything the mum has already pointed out that they together do things to my granddaughter they say it is to toughen her up but its mental torture what she describes like taking things away from her when she is playing and wont give it back get the child to play games with them and then snatch off her the things she has and lots of other various things its got that way that if you take her shopping and she wants the bathroom she begs you not to move and makes you stand still and as shes walking away from you shes looking back all the time to make sure your still there so that tells us that when they have had her out either together or just one of them and when shes needed the bathroom they have taken her then hid on her to scare her if she has drinks she wont stop till shes finished the full drink and if shes got sweets and she needs go to the bathroom or shes going in school or something she will beg you not to eat them on her we have asked her has people taken things from her and she has said yes we have asked her is this what happens at mums house and she says yes i dont know what to do i am so scared for her its unreal that someone can get kicks out of that sort of thing with such a vunerable child if we could appeal against the decision how would that work and how long does something like that normally take the child is now five she will be six in november would it not be possible for her to say who she wants to live with and before i forget the nspcc lady that is working through all this with her at the moment has not been asked to do a report for the court from her first meeting the child up to the present day i am sure that they can see a very vast improvement in her from when they began to do the work with her and also i dont think there was a report from her speech therapist aked for by the courts for what reasons they werent asked for we dont know there is occasions where the child has cried because she doesnt want to go with her mum and the court granted overnight stay of one night and when it comes round to that day she always says im only staying for one no more just one and she makes you promise that that' all it going to be when her mum comes for her it takes her all her time to walk to the door to her because she knows the time has come where she stays over the court did have a ruling that mums partner wasnt to be present but now its all been done and the baby is due september thats when the father will want more access but he lives there already but they have told the court n everyone that he lives with his mum wich is all false

Expert:  Clare replied 3 years ago.
Hi
When did the court order that she should return to live with her mother?
Claire
Customer: replied 3 years ago.

it states on the order that from the 19th of july that the child spend from 5pm till on the sunday till5pm on the friday and the balance of each week with dad not withstanding the child shall spend the first full weekend with her mum and three with her dad but they havent taken into consideration the time mum is going to be in hospital for when she has the new baby where the child will be or who will be left to look after her the only other person would be the mothers partner

Expert:  Clare replied 3 years ago.
Hi
So in fact the mother has the child one weekend in four from Friday til Sunday and the rest of the time she is with Dad is that correct?
Claire
Customer: replied 3 years ago.

no commencing from 19th july 2013 the child shall spend from sunday 5pm to friday at 5pm with the mum and the balance of each week with dad not withstanding the child shall spend the first full weekend in the care of her mum that is how it is written on the order

Customer: replied 3 years ago.

no she has the child for week days as well the dad just three weekends a month even though the dad has nothing against him criminally

Expert:  Clare replied 3 years ago.
Hi
Was your son legally represented?
Claire
Customer: replied 3 years ago.

yes but it seems like there was a lot of unanswered questions and nothing seemed to be put forward about this there seemed to be a quick conclusion to everything and nothing about the matter in hand wich is and still is a priority they never asked for reports from the nspcc worker who works alongside the child's dad to learn her what is good and bad and we feel that given the proof that this worker has worked with the child from the beginning so she has seen how vunerable she was to how much her confidence has altered and how she is growing to trust this person to open up about herself we find this very odd seeing as they know of all the help this person is giving to the child but yet they dont find it plauseable to ask for this persons opinion in a report but the people who never see the child or have contact with her they have asked them for reports and i have also been informed that the guardian has placed the child back with the mum due to her living in my home because she feels like i have put the child up to saying that she has been touched wich i vigourosley deny and i will be seeking leagal advice to bring charges against this guardian

Expert:  Clare replied 3 years ago.
Hi
Was there a full hearing with evidence given?
Claire
Customer: replied 3 years ago.

yes

Expert:  Clare replied 3 years ago.
Hi
What evidence do you have that her partner is living with her?
Claire

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