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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34282
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my daughter was awarded joint residency with her ex partner

Resolved Question:

my daughter was awarded joint residency with her ex partner of their 2 children (6.5 and 3) which works out to 7 nights each parent over a 2 week period. Families do not get on. Daughters relationship broke down when he had an affair with daughters friend who lived 7 doors down with her now ex partner and their little boy. My daughter has suffered with depression after both children and again when her relationship ended. I believe she came off the tablets too early. Since Xmas 2013 her behaviour changed and she became argumentative and erratic. I thought it was just bad behaviour and attitiude (although my daughter is 24). I eventually asked her to leave family home she shares with us and the children when they are in her care. I found out 2 weeks ago that she had been taking drugs (ketamine and methadrome and on occasion pure base) since Xmas. Not in front of the children and only when the children returned to the fathers, but admittedly this still meant the drugs were technically present in her system when she collected the children again. There was 1 week when I asked to leave the house that she went AWOL and had then taken drugs for 9 consecutive days. She then admitted she needed help and has not taken drugs for 1 week now, is back under a doctor for her depression tablets and is waiting to go into local cri clinic for drug counselling in our local town. She admitted what she had done to the boys father as she wants to put this mess right and get herself sorted. The boys father resorted to telling me that he was going to take her back to court for full custody of the boys and for her to never see the boys ever again, and he would only allow us the grandparents of the boys to see them as long as our daughter was not present in the house (this is difficult as our house is her place of residence - she is staying with friends at the moment as whilst I am at work I do not want her int he house on her own with time on her hands). My daughter spoke to Social Services yesterday and they said that they would not get involved as my daughter is no longer taking drugs and did not take them in the presence of the children, and that this was not child related but an adult related issue. My daughter is seeing CAB tomorrow to also get some advice. I do not in any way condone or agree with my daughters 6 weeks drug use but understand she felt the need for something to help her depression and her 'so called' friends advised her to take the drugs as it would help her symptoms. Does the father have the right to take my daughter to court to full custody and for her never to see the children and win??? My daughter wants to be able to show she can be drug free in her urine over the next 4 weeks, and hopes to return to her original joint residency agreement with our support. My daughter would like to be able to know that when the boys are allowed by the father to come to see us (friday 3pm thru to Sat pm) that she is allowed to be present and to see them. I believe that the children need their Mum and my daughter needs them to help her focus on doing everything she can to put things right. Please help!!!
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.
Clearly the priority has to be the safety and security of the children and equally clearly this was certainly compromised by your daughter taking drugs
In addition her mental health may also mean that she is not currently able to resume the share dcare of the children
however this does not mean that she should not have contact with the children - and in fact contact supervised by you as grandparents is the safest arrangement that there could be
Your daughter should try and discuss matters with her ex using Family mediation - concentrating on the issue of ongoing contact - if not she may have to make an application to the court
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.


why then do Social Services not want to get involved ??

Expert:  Clare replied 3 years ago.
Hi
Social Services ar enot interested because the children are currently safe in the care of their father I am afraid
Clare
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