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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Mu husband was arrested on 31/11 and has now been cleared and

Customer Question

Mu husband was arrested on 31/11 and has now been cleared and has a caution. social services are not calling us back regarding the reinstatement of him back into the home with our 3 children. my daughter who is 8 has ADHD and is taking this very hard and has become extremely depressed. she lost her older brother 3 years ago and now thinks her father is dead as well. our 2 little ones jack (4) and tobias (7 months) are confused and jack is always looking out of the window for his daddies van. the question is are we allowed to reinstate my husband back into the family without the advice of social services. our allotted social worker has not returned our call since Thursday and is off today. no one is dealing with the case and this is not in the best interests in the child. family law states 'the local authority has a general obligation to reunite children with their families as soon as possible. reuniting can only occur if it is demonstrated to be appropriate in the child's best interests'
my daughter came home from her friends on Friday night hysterical as she was convinced her father had gone to heaven like her brother. she sat out in the rain and refused to come in. she spent all day Sunday in bed in a catatonic depressed state. she is already being treated for ADHD. if her father is not reunited with his children I think she will be referred to child mental health and this is not in the best interest of the child. so my question is, if I invite him back home am I going to the arrested/prosecuted/reprimanded? am I allowed to do this? as I am the person who knows my children best and I know that having their father back is in the best interests of the children.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
What was the caution for?
Clare
Customer: replied 3 years ago.


it was for chastisement and alleged throwing my daughter on a bed and she hurt her back on a wall

Expert:  Clare replied 3 years ago.
Hi
When was the Caution given?
Clare
Customer: replied 3 years ago.


7/11

Expert:  Clare replied 3 years ago.
Hi
It is only 4th November today - did this happen last year?
Clare
Customer: replied 3 years ago.

im looking for the correct answer. 1/11


 

Expert:  Clare replied 3 years ago.
Hi
So in fact this was only three days ago.
I am sorry but I have to be blunt - your husband has accepted a Caution which means it is now a fact that this abuse happened.
I use the word Abuse because this is how Social Services view it.
Because of this if you do allow your husband back without consulting them and their agreement then you may well face Care proceedings regarding the children
In fact you are at the beginning of a process with Social Services - not at the end of it and you are going to need to tread carefully given the existence of the Caution
This does not mean that you will not eventually get what you want and need - just that you have to be patient with SS to achieve it
There are various ways that your daughter could be reassured that her daddy is still alive which do not involve his returning to the property - and you will be expected to actively promote them Skype etc
I know this is not what you want to hear but please be patient - if he returns without their agreement then there will be serious consequences
Please ask if you need further details
Clare
Customer: replied 3 years ago.


ok thanks I just wanted to know what would happen if I brought him home. thank you.

Expert:  Clare replied 3 years ago.
Hi
There would be a very real chance of Care Proceedings - and the possibility of the children being removed.
Please don't
Clare
Customer: replied 3 years ago.


thank you very much :)


 

Expert:  Clare replied 3 years ago.
Hi
Good luck - this group can give support - www.frg.org.uk
Clare
Customer: replied 3 years ago.


i'll go and have a look now.

Expert:  Clare replied 3 years ago.
Hi
Stay strong - and look for a good lawyer on www.resolution.org.uk
Clare

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