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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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Im wondering of you can help, i around two years ago i split

Customer Question

Hi im wondering of you can help, i around two years ago i split with my ex who i have a child with. Not long after spliting she stopped me having contact with my son and accused me of domestic violence. I was arrested but was cleared by the police and cps. I then applied for a contact order after having my ex refuse mediation. During the contact order a finding of facts hearing was held, and the court found in my ex partners favour. I was made to goto a contact centre for a number of months before going back to court to get a contact order. I am now allowed to see my child and have him over night. The problem im currently having is with my new partner. My ex partner informed a health visitor of her concerns for my new partners childs safety and now social services or childrens services have told my current partner she must either leave me or they will take her child off her. Is there anything i can do ? as neither of us want to seperate but have had no choice but to as my partner is affraid of social services taking her child off her. She has agreed to end the relationship to protect her child which i fully support. But there must be a way i can defend myself against this or a situation arising like this in the future.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further further information first.Did the allegations involve violence in front of or against your child(I assume not but need to check)
Customer: replied 1 year ago.
The allegations in court stated violence in front of the child but not too the child. Social services have said that this isnt the reason its too do with an alligation of sexual assault while the child was asleep in his cot in the same room. Although this was one of the allegations listed in thr finding of facts hearing. Only to a health visitor who speaks to my ex partner. This in turn resulted in the health visitor contating social services on my current partner.
Customer: replied 1 year ago.
Although this was not one of the alligations in the court hearing.
Customer: replied 1 year ago.
I should add the alleged sexual assault was against my ex partner. Not the child. I have set days when i get to have my child unsupervised and my child is allowed to sleep over. I dont understand how if im deamed safe around my child how social services can say im a risk to my partners child.
Expert:  Clare replied 1 year ago.
For clarity - this is an allegation which was NOT dealt with at the Finding of Fact Hearing?
Customer: replied 1 year ago.
Yes that is correct it was not in the finding of facts hearing. It has only been mentioned to social services after my ex partner spoke of it with a health visitor.
Expert:  Clare replied 1 year ago.
Are you aware that the site charges extra for a phone call?
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes thats fine i need legal advice over the phone.
Customer: replied 1 year ago.
Is there anyway i can resolve this in law that would either clear my name or allow me and my partner to continue to be together. We are both devistated and neither of us can understand how if cafcas can say im safe to br around my own son how i cannot be safe around her son.
Expert:  Clare replied 1 year ago.
When do you wish to have the call?
Customer: replied 1 year ago.
As soon as possible.
Customer: replied 1 year ago.
Are you going to call today ? As i need advice urgently.
Expert:  Clare replied 1 year ago.
I look forward to receiving the draft letter to the Head of Children's Services!