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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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 son has split up from s ex 5 months, she has two

Resolved Question:

Hi, my son has split up from his ex for over 5 months, she has two children, one of which his son , he has parantal responsibility. The two children are currently under child protection order, suspected neglect and abuse. He has attended most of the case conference meetings, and at each meeting his ex is accusing him of various thing ie alcohol misuse etc which he refutes. The social team keep recording these accusations and forward their report to him. He then has to refute them in writing. The last case conference was held last week which he was unable to attendand he sent a letter to the chairperson. They have told his ex and her solicitor that my son should have no contact with his son. Today they told my son only verbally without giving any reason for this. He has pointed out to them that he no longer resides there and would even agree to some form of supervised contact. He has now received a letter from his ex s solicitor saying that the social say no contact. I know this all sounds log winded, but my question is can social services do this without informing my son the reasons why and just verbally on the phone? My son has no criminal record whatsoever. Surely they would need a court decision and send a letter?
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

how old are the children

Customer: replied 8 months ago.
Hi clare, one is 4yrs the other 3yrs old
Expert:  Clare replied 8 months ago.

What has the pattern of contact been until now?

Customer: replied 8 months ago.
He had full contact with both children up until5months ago when he left. Hasnt seen his son now in over five weeks now due to various excuses from his ex. Previous reports very critical of her but now of her more recent accusions to him ie alcohol abuse the latest reports seem to be attacking him , which he is refuting in writing to social even went to his gp for a blood test which was normal and sent to them. She still has full contact, he has left yet social now telling him no contact on phone but not backing it up with writing or reasons
Customer: replied 8 months ago.
Which brings me back to my original question, are they allowed to do this withoutgiving him a reason in writing, surely would they not have to justify this to a judge? at some stage
Customer: replied 8 months ago.
Hi, claire I havent received a reply yet, do you need more time to answer this question
Expert:  Clare replied 8 months ago.

At the moment there are no court orders in place - it is just that since the children live with mum she has the physical ability to prevent him seeing them.

She has lied to Social Services - and clearly they have to assume those lies might be true - that is why they have said no contact until matters have been investigated.

The way forward is for your son to apply to the Courts for an Order allowing him to see the children.

There will then have to be a proper investigation of any allegations and the family court will also consider whether or not his son is safe in the care of his mother

I hope that this is of assistance - please ask if you need further details

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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