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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have rescued my 18 month old child from what

Customer Question

I have rescued my 18 month old child from what I believe was an unsafe situation as her Mother was drunk and out of control. I have driven to my Father's house where the child is safe and well cared for. My partner has said I "assaulted" her. I only removed her from the room in which my daughter was because I though it was an unsafe situation. I am now being persued by the police. What are my rights to my child and can I hand over temporary custody to my Father?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is the only issue that the mother was drunk?
If you were also in the property why was the child at risk?
Clare
Customer: replied 1 year ago.

Mother has history of psychiatric disorders and self harming.

She was behaving hysterically - shouting and kicking doors

That is why he took the child away.

This is father's step Mother because father is now in custody for "assault"

Thanks

Liz XXXX

Expert:  Clare replied 1 year ago.
Hi
Has the mother asked for the return of the child?
Clare
Customer: replied 1 year ago.

Regrettably yes, and as Father still in custody we had no choice but to hand her over. Mother drove 5 hours to us to collect child.

This is now with family division of social services who are monitoring the wellbeing of the child. So thank you for your help but there is no point us pursuing this further. Best wishes Liz XXXX

Expert:  Clare replied 1 year ago.
Hi
You were right - you had no choice I am afraid.
On one level it is reassuring for you that Social Services are involved - on another your stepson will find future contact a major problem as this will no doubt be seen as "Domestic Violence" with him as perpetrator which will allow his ex to obtain Legal Aid and Social Services to wish to limit the contact that he has
Clare

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