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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1928
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife called social worker and left, then got court order

Customer Question

My wife called social worker and left, then got court order for non molestation and child arrangement order so the solicitor can apply for her leave to remain through dv concession. Now my wife has realised she doesnt want to go ahead with this, how can she withdraw the court orders? And will it affect her appeal hearing in court for her spouse visa which is coming up, Will social worker take the baby? Or say she cant make up her mind, and coming back to me is a risk to the baby? As we were put on child protection plan when she was 3 month pregnant there was domestic violence and social service involved since then. She is concerend if she comes back then social service will make it dofficult for her with the baby and her immigration, as she is waiting on the appeal hearing in november.
Submitted: 4 months ago.
Category: Family Law
Customer: replied 4 months ago.
Also my wife is thinking, if she continues this process will it be better so she can get her indefinite leave through DV concessions, and also because she is not living with me do you think the social service will also back off quicker? Then maybe we can live apart for 3/6 months and if everything works out then we can move back in together.
Expert:  Harris replied 4 months ago.

Hi, thank you for your question. Apart from the allegations your wife has made against you, are there any other issues or child protection concerns?

Customer: replied 4 months ago.
We are on child protection plan from before thats why social worker was working with my wife. Actually we got in a fight and she gets abgry quick, so in the heat she called social worker and left. Although she went to her aunts house, social worker told me she is in womens refuge and iam not allowed to know.
Customer: replied 4 months ago.
But we have had contact since then, and my wofe is regretting doing it, but is confused now what to do. she wants to come back but is afraid of any consequencies from immigration and social services with regards ***** ***** baby
Customer: replied 4 months ago.
Any answer??
Expert:  Harris replied 4 months ago.

In relation to the immigration side of things, even if she withdraws her allegations the home office will have a discretion to allow her to stay given there is a child involved.

I am not certain what the full extent of the issues are - but if it is only domestic abuse issues between you and you separate but later reconcile after social services close your file, then they may consider reopening the file if there are still concerns.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 4 months ago.
I asked how she can withdraw the court orders that were issued for nin molestation and child arrangements?
Customer: replied 4 months ago.
if social service ar gonna make it worse if she comes back to me, as we are already on child protection plan. Can they take the baby if they dont like her coming back to me?
Customer: replied 4 months ago.
This time she went because of a small argument we had and she felt frustrated and left by calling the social worker,
Expert:  Harris replied 4 months ago.

If you both agree to the discharge of the orders you can both sign a consent order for the separate orders agreeing for them to be discharged. If she returns to the relationship and the local authority have serious concerns then they will need to apply to court if they intend to remove the baby from your care.

Customer: replied 4 months ago.
Ok, to do the discharge consent order do we need to get a seperate solicitor or can the solicitors who got her the court orders do it? As the solicitors were helping her through legal aid, will they help her to get the discharge consent order? Since they will not get paid if they were to follow through with the court case hearing an so on.
Expert:  Harris replied 4 months ago.

Yes, her previous solicitors will be able to do this so long as her legal aid is still in place.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1928
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 2 other Family Law Specialists are ready to help you
Customer: replied 4 months ago.
Hi Harris,
So my wife spoke to the social worker and told her she wants to come back to me and now the social worker is saying she doesn't believe my wife anymore and that the baby is not safe with her aswell, she also threatened mw wife by saying she will try to take the baby and will get legal advise. My wife is very scared now and doesn't know what to do. Ee just want to live like a family again but why is that a problem for social worker? Can the socail worker actually take the baby? And what basis can she say the baby is not safe with my wife now? Since the child protection plan was against me.
Again asking same question is it better to just go along woth social servise and i stay apart from my wife amd child for 6/8 months or so and hope the social service will go away or can we fight the social service if they do try to take the baby if we get together?
Expert:  Harris replied 4 months ago.

Thank you for your update. The social worker will need to apply to court if they seek to remove the child, and it is for the court to decide whether there is a risk which requires removal of the child. If the matter is of extreme urgency the police can remove the child into police protection.

Customer: replied 4 months ago.
what basis can the social worker ask the court? What can she show as risk? We had 1 incident of domestic violence when she was pregnant, since then nothing happened, but social service put us on the child protection plan, only this te we had an argument and thats it, social worker mentioned my wife told her i was controlling, so she is fleeing abuse, is this high risk enough for the court to decide the baby is not safe with both the parents?
Customer: replied 4 months ago.
Sorry to bother you, bit it is very stressful situation were in
Expert:  Harris replied 4 months ago.

If the social worker thinks that the child is or is at risk of any physical or emotional harm or neglect then there would be grounds for the local authority to apply to court to remove the child. If there is evidence of or risk of domestic violence towards the mother, this will likely have an impact on the child which would give grounds for them to apply to court.

Customer: replied 4 months ago.
then what is our option, does she stay and not come back to me? Because the social worker doesn't want us to be together? Amd hope the risk factor will go away if i stay away from my family. Or do we get together as a family and then fight the social services if they get court order? Which is more practical for us to win?
Expert:  Harris replied 4 months ago.

You will need to demonstrate that there is no risk towards her or the children and, usually in cases of domestic violence, this will mean separation.

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