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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1158
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have a 22-month-old daughter who up until 4 months ago

Resolved Question:

I have a 22-month-old daughter who up until 4 months ago lived with me. Due to postnatal depression a social worker got involved and she went to stay with her father and family. I am now much better and want my daughter back but they are stopping me. What can I do?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Buckinghamshire
Assistant: Has anything been filed or reported?
Customer: Nothing has gone to court we only had a written agreement between ourselves
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: no i don't think so
Submitted: 1 month ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Welcome to Just Anwer

I am a Solicitor and will assist you.

I note that you state that there were no court orders made.

Please may I ask:

- how often are you seeing child? is this unsupervised?

- was there an incident that led to social services becoming involved?

- are social services still involved now - and if so what level? child in need? child protection? pre proceedings?

- have you had any help and support in relation to your postnatal depression?

kind regards

Caroline

Customer: replied 1 month ago.
The social workers became involved as I had gone to the doctor to ask for help. It is currently at the child in need stage .I have been receiving counselling and taking medication and am greatly improved . I have an agreement to not be alone with my daughter and have her overnight and following day Saturday /Sunday. I want to see her more but am being blocked by her grandmother
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Thank you for your response. Have you spoken to the social worker? what have they said to you? who is supervising your contact?

kind regards

Caroline

Customer: replied 1 month ago.
The social worker is very unhelpful and doesn’t help me at all. I am told I have equal parental rights yet I am being stopped from seeing her. I am currently staying with my partner at the family home. My daughter was conceived after a sexual assault by her father ( where she is now staying) he has also bullied and mentally abused me and hit me so hard in the stomach I suffered a miscarriage. I have recently reported this to the police
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Thank you for your response.

I am so very sorry to hear this. Being a new parent is a hectic time without all the additional stress that you have been under.

In your circumstances, you are going to have too apply to court for a Child Arrangements Order so that the court can decide the arrangements for your daughter for the future.

It is the position of the courts that children have a right to a really good relationship with both of their parents as long a it is safe to do so.

The court will likely ask for a report from your GP in relation to your depression. The court can also consider the concerns that you have about the father and how he treated you.

The first thing you need to do is to refer to mediation. This is a prerequisite before you can apply to court. It is likely that given the written agreement that is in place that the mediator will say that this case needs to be heard by a court rather than mediation. The mediator will sign the form for you that you need to apply to court.

Google mediation in your area and give them a call and explain your case.

The court form is the C100. There is a court fee of £215 when you send the completed form to your local famil court by you may receive a remission or reduction dependant upon your circumstances.

You should be proud of yourself for engaging in the help you have received from your GP. The court will give you credit for this and it will go a long way in supporting your case.

It is also important that you receive help and support in relation to the police investigation and the assaults as these are going to test your resolve and you dont want your depression to dip again. You need to consider referring to a Domestic Violence Service. There will be a local service to you - google them.

Also if you ask your GP to refer you to such a service and also fill out this letter for you then you might be able to get legal aid depending on your income. Ask a local family solicitor to undertake a free legal aid assessment for you once your gp has completed the letter.

https://www.gov.uk/government/publications/referrals-to-specialist-domestic-violence-support-services-health-professionals

Let me know if I can help you further

kind regards

Caroline

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