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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My sister left her husband because the relationship was abusive

Customer Question

My sister left her husband because the relationship was abusive says he is very obsessive towards her still follows her messages rings all the time social services were involved because of the children can social services take the children off of her because of his behaviour even though she has tried to get away from him. If so sure where to decide the children need to be removed could they stay with me even though I have had social services in the past due to housing issues and a fire
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.
How old are the children and how far has the divorce reached?
Are the Police involved?
Clare
Customer: replied 1 year ago.
The kids are 9year old twin boys and a 13year old girl. They have been separated for over a year my sisters husband won't agree to a divorce although I believe my sister has spoke to a solicitor. The police have been called on my brother in law numerous times for his behaviour and he is supposed to keep away from my sister but he doesn't he calls and texts constantly and follows her threatens to kill her. Tells the kids if he can't have my sister he will kill himself then in the next breathe says he hates them all. But social are now saying because after all this time Carl's behaviour hasn't improved and it is departmental to the kids the are going to take my sister to court to remove the kids.
Expert:  Clare replied 1 year ago.
Hi
Has your sister considered moving away?
Has she asked the police to prosecute him?
Clare
Customer: replied 1 year ago.
He has been taken to court and they gave him suspended sentence. She has moved from the family home to a rental property a few miles away. Her entire family is here if she moved too far she would have no support network. Can they take her kids when it is his behaviour that is the problem
Expert:  Clare replied 1 year ago.
Hi
Have they told her what else they expect her to do?
Has he harassed her further since the Court hearing?
Clare
Customer: replied 1 year ago.
He is always on at her. She has been advised not to answer his calls or respond to txt messages which on occasion she does just to stop him going to the house. Other than that nothing that I'm aware of. Personally I think she has handled the situation wrong but don't see how they can take the kids away and don't understand y because I have had social in the past but no longer do why they couldn't come stay with me
Expert:  Clare replied 1 year ago.
Hi
have they done a viability assessment on you?
Why has your sister not divorced him and has she reported the further harassment to the police?
Clare
Customer: replied 1 year ago.
Not that I'm aware of. From what I understand the police were called last week he turnt up at her door shouting abuse while social were there and they called the police. She says he won't agree to a divorce
Expert:  Clare replied 1 year ago.
Hi
I am afraid that this is why Social Services are taking action.
Had your sister wished to do so she could have divorced him already - she does not need his agreement.
She could also have obtained a Non Molestation Order which would have led to his being arrested for his continued harassment of her..
Her failure to do this to protect the children amounts to emotional neglect.
With regard to their being placed with you then you can ask social service sto complete a viability assessment - but you will need to show that you can protect the children from their father - and from your sister if need be
I hope that this is of assistance - please ask if you need further details
Clare

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