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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34264
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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Section 47 was open but now closed. I was in a relationship

Resolved Question:

section 47 was open but now closed. I was in a relationship with someone who's ex partner accused him of child abuse to her daughter. we were stopped from seeing each other but then the section 47 was lifted.
if I testify at court and give evidence to support his case could the section 47 be put back in place and if I have seen him and my children have also could this put me and my children at risk?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What are the current proceedings before the court?
Clare
Customer: replied 2 years ago.

Hi Clare, I am not sure what you mean but the charges being heard at court are for sexual abuse age 5-15 to ex partners daughter.

the section 47 was put in place to stop contact with my partner and me/ my children. is this what you are looking for?

Expert:  Clare replied 2 years ago.
Hi
May I ask what your evidence will be?
Clare
Customer: replied 2 years ago.
Just a character witness and backing up my partner but just concerned about the other side and questioning as to whether it could reopen the section 47. We are hoping he will win the case anyway but I need to understand any implications
Expert:  Clare replied 2 years ago.
Have you allowed him to have contact with your children since the S47 was lifted - and are Social Services aware of it?
Customer: replied 2 years ago.
They have seen him yes but never on their own. We are not able to be a family until after the trial when hopefully it will be resolved with a not guilty verdict
Expert:  Clare replied 2 years ago.
How often have they seen him and are Social Services aware of it
Customer: replied 2 years ago.
Social services are not aware of it and they have probably seen him 5-10 times since the section 47 has been lifted
Expert:  Clare replied 2 years ago.
If you testify on behalf of your partner then yes there is a risk that Social Services will investigate further and the fact that you have allowed your children to have ocntactwith him COULD lead to threats to remove the children from your care.Do NOT allow the children to be involved in any further contact you have with your partner until after he has been acquitted.At that point be aware that Social Services will also then wish to do a further assessment as the standard of evidence required in the Criminal Court is much higher than the standard used by Social ServicesPlease ask if you need further details
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