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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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My daughter was taken from me on an epo then we had to sign

Customer Question

My daughter was taken from me on an epo then we had to sign at section 20,my daughter is in temp foster care at the moment,
the background is that i was accused of a sexual assault so she was taken from me,she was in my care at the time as my partner was not capable of caring for her as she relapsed with alcohol, forgetting about myself my partners background is that she has been in rehab twice in last 2 years and has come out and after short time has relapsed the last time was Aug this year and has not drank now since middle Sept barring 1 day which was when our daughter was taken,
My question is this, If i am reading things right can we revoke the section 20 and have my daughter returned to my partner ( i will not be living at the home) what are the implications ie can thee refuse or can they retake my daughter
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow old is your daughter?
Customer: replied 1 year ago.
7 years old
Expert:  Clare replied 1 year ago.
Is there any other family member who could care for her?
Customer: replied 1 year ago.
no we have tried only person we could ask was our friends who have agreed but again this is a long route
Expert:  Clare replied 1 year ago.
Where is the child at the moment?Is there a family member who would stay with your partner while she has the child in her care?Or who your partner and the child could live with for a while?
Customer: replied 1 year ago.
the child is in temp fostercare, we could probably get her son who is 21 to come back and live with her
Customer: replied 1 year ago.
he works full time
Expert:  Clare replied 1 year ago.
What is his background and what does he do?
Customer: replied 1 year ago.
Stable young lad no convictions in fact never any trouble with police etc,He has a full time job as a trainee thatcher
Expert:  Clare replied 1 year ago.
Can he be in the property whenever the child is there?
Customer: replied 1 year ago.
yes apart from she finishes school at 3.30 he does not get home till 6/630
Expert:  Clare replied 1 year ago.
That would be a problem.I am afraid given the relapses - and the drinking on the day that the child was taken - there is no basis on which your partner alone woudl be seen as a suitable carer.Supported by her son it could be possible - but only if the period between school and his return can be filled - possibly with an After School clubYou will note I say could be - it is far from certainBe aware that you and your partner are both separately entitled to free Legal Aid in order to have proper legal representation.You can also get support from the Family rights group - www.frg.org.ukI hope that this is of assistance- please ask if you need further details
Customer: replied 1 year ago.
what are the repercussions of revoking the section 20 and asking for her to be returned to her mother with her son supporting her and she went to after school club till 6.00, can they refuse to return her?
Customer: replied 1 year ago.
There is also another sinario, If she was returned to her mother that the friends i spoke about collected her at 7.30 took her to breakfast club then picked her up and took her back to thiers till son was home and then returned her then again can they refuse to return her to her mother
Expert:  Clare replied 1 year ago.
If you try and revoke the Section 20 then it is likely that they will make an immediate applictaion to the court for an Interim Care order - and I fear that they would be successfulThe scenario you are suggesting is possible and should form part of your discussions with the Local Authority
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you
Expert:  Clare replied 1 year ago.
You are welcome - I hope all goes well

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