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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 son has told his teacher that i have hit him with a

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Hi, my son has told his teacher that i have hit him with a stick, I see my son every two weeks on the weekend and he stays with me, there is a court order in place, I went to pick him up yesterday and the teacher said that my son told her I dont want to go with daddy because he hits me with a stick.
I have not seen him for four weeks as he was ill and now this, his mother was there along with the teachers and family worker,they did not let me take my son and said they have let social services know, I replied that there is a court order in place for two years,they still did not let me take him, I did not hit him with the stick I dont know why he said that. I had him for two years overnight he has never said anything like this.
What should I do now, will the social services contact me, do I contact them, how long will all this take, while this is getting sorted out can I not see my son even though there is a court order, what can I do legally to see my son.
Submitted: 7 months ago.
Category: Family Law
Expert:  Harris replied 7 months ago.

Hi, thank your for your question. Just a bit more information required to fully assist you:

-What order is currently in place?

-What have social services or the police done regarding thr allegation?

Customer: replied 7 months ago.
Its a child arrangement orderThis happened yesterday, the school have refered it to social services, i dont think the police has been informed or been involved, no one from social services or the police have been in contact with me.
Customer: replied 7 months ago.
Ive send a picture of the contact order.
Expert:  Harris replied 7 months ago.

Thanks for confirming. Legally, as there is a court order in place contact should be taking place and the mother should be making him available for contact unless there is a further order restricting you from seeing him. You should therefore contact the mother directly to seek that contact continues as per the order. If she does not comply you should consider applying to court for enforcement of the order using Form C79 and a £155 court fee to the child's local family court.

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

Expert:  Clare replied 7 months ago.

My name is ***** ***** I have been a solicitor for more than 35 years.

I am afraid that at this point it would be unwise to try and enforce the Order.

The fact that your son has (for whatever reason) said that you have "hit him with a stick" means that you will have to be patient and allow Social Services to do their job.

You will need to pester them (they will take the approach that since the child is with mum there is no rush) so that Contact can resume as soon as possible after they have done a basic investigation.

However if you try and enforce then the Social Services involvement would become much more high level which could delay contact even further

Please remember children can be very literal - a "stick" means one thing to us - but a child may use it to cover anything from a twig to a baseball bat

Customer: replied 7 months ago.
Thank you Clare, just wanted some preparation tips for the interview with the social services.
Expert:  Clare replied 7 months ago.

Can you think of anything that this may refer to - a play fight with light sabres?

An accidental bop on the fingers when you were both playing the xylophone?

I know these are ridiculous but you need to think about the daft stuff as that may give you the answer.

The hardest thing to do with Social workers is to stay calm and not get cross (and I speak from experience - they wind me up automatically)

Listen hard - have someone with you who can passively listen - you have to think about answers as well!

Customer: replied 7 months ago.
I cannot think of anything and genuinely have not hit him with a stick, i have given him a lifhtvsmack on the bottom when he is really naughty or put him in the naughty corner, i think he had been thought to say this by someone close to him ie mother or her husband, now im really confused should i tell them it was a play fight with light sabers or should i just tell them i never hit him with a stick which is the truth.
Expert:  Clare replied 7 months ago.

You tell the truth - calmly and clearly.

You can say that you have thought about it in detail - but you have never hit him with a stick nor done anything that could have caused him to say that

Customer: replied 7 months ago.
Thank you Clare
Expert:  Clare replied 7 months ago.

You are welcome

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 7 months ago.
Hello Clare,
I spoke to the family worker at my sons school, they said the school will not make a referral to the social workers because they had a thorough chat with my son and theres no evidence suggesting of abuse.The mother has been advise to seek support from the social workers independently, what happens now? Does the court order carries on as usual? Thanks

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