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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34273
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex girlfriend has had run ins with social services, who

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My ex girlfriend has had run ins with social services, who removed the children into my care at one stage. After picking them up for a rarely allowed visit I noticed the eldest of our two sons teeth were rotten and he had been pulling his hair out from stress. I notified social services and decided to keep the children as my right as equal responsibility parent. Our kids are 3.5 and 1.5. The 1 year old is very clingy and cries when I leave the room. Whenever he sees me he just flings his arms around me and holds on for dear life. His mother ignored him for the first 12 months of his life as we had lost baby a few months before he was concieved. I returned the eldest child so he could attend nursery which was part of the Child Protection Order social services had put in place, but I wanted him returned for a dental appointment on 29th November. He was not. I have now recieved a court hearing letter for 11 december stating I am causing the 1.5 year old emotional cruelty. However all my family and my new girlfriend have said how much brighter he is now and happier. What do I need to do? Social services are on my side but will not act themselves. She has attempted suicide in the last few weeks and also self aborted using an abortion kit she obtained from the USA. She has a history of violence documented with the police, where as I am a Border Force Officer of nearly 20 years and ex Army. How do I proceed. She is getting free legal advice as she is on benefits and hasnt worked in nearly 4 years.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Is she applying for a Residence Order on both children?
Clare
Customer: replied 3 years ago.
Yes she has. With allegations of psychological and emotional abuse to both her and the children.
Expert:  Clare replied 3 years ago.
Hi
As a starting point do not worry
What are the current contact arrangements for the eldest child
Clare
Customer: replied 3 years ago.
I'm not seeing the eldest at the moment. The youngest is still with me and hasn't seen his mum for a while (since 7th November). I have said to my ex that I'd be happy for us both to take both kids to a play area so they can spend time together and so we can see our other kids. I've tried to be reasonable about this, but she seems intent on using the children as a weapon to hurt me.
Expert:  Clare replied 3 years ago.
Hi
What does the Child Protection Order say?
Clare
Customer: replied 3 years ago.
The key points are as follows:
1) Charlie and Frankie are to be protected from emotional abuse.
2) Charlie and Frankie's health development and education needs will be met.
3) Charlie and Frankie's circumstances safety and development needs will be checked on a regular basis.
4) Charlie and Frankie will be parented in a way all their needs are met.
5) parents to ensure they are aware of the expectations required of them within the plan.
Expert:  Clare replied 3 years ago.
Hi
Have Social Services got any view on who the children should live with?
Clare
Customer: replied 3 years ago.
They initially told me to go for custody and advised me I could take the boys as an equal responsibility parent. They laid it on thick, saying how would I feel if Hayley took her own life and the boys were left in the house alone for days, or if she hurt them because of her mental illness. But recently they changed lead worker as the other one moved towns. Since then they've been tight lipped. But Hayley has a documented police history of violence against her previous partner and has been violent to me. She has also self terminated a pregnancy recently or has lied to social services and mental health to achieve her goals. Hayley believes she will get the kids as she is a stay at home mum and I work shifts etc.
Expert:  Clare replied 3 years ago.
Hi
How do you manage with your shifts?
Clare
Customer: replied 3 years ago.
I have a girlfriend, my mother, niece and my girlfriends mother (who is a current foster carer) who look after Frankie. Hayley had the children removed from her a few weeks ago and they were put into my care. I then put in place systems to ensure I could work and have them full time. Work have also said they will fully support me with my family needs.
Expert:  Clare replied 3 years ago.
Hi
That is fine
You need to file a Form C2 and a C1A
http://www.childrenneedfamilies.co.uk/court-forms/c2_01_05.pdf
http://www.daviessolicitors.co.uk/forms_davies/Children/Allegations%20of%20harm%20and%20domestic%20violence.%20(Supplemental%20information%20form).pdf
and make your own application for an Emergency Residence Order relating to both of the children.
Given the history you have a good chance of success - but expect Social Services to suddenly decide to sit on the fence
I hope that this is of assistance - please ask if you need further details
Clare
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