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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I need to get my nearly 10 yr old daughter a solicitor .she

Resolved Question:

I need to get my nearly 10 yr old daughter a solicitor .she has informed me her mother that her father has been touching her in inappropriate places .the social services assessment just makes criticism at me for making honest reports to them before and they are concentrating on our accromaniouse relationship as his get out clause escaping justice for my daughter and further long term protection for her younger brother. Please help as I don't trust particular people involved or a family court guardian, they will take the assessment as fact then hang onto it and make it a heavier untruthful load can you inform me of a solicitor on legal aid to represent my daughter .I am having to complain to the social services for all the mistakes and the omitted information that's vital to my case . please help for my childrens sake.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
I am a Solicitor and will try and assist you.
I understand from your question that you are currently in court proceedings. My perception is that they are likely to be private law children act proceedings and that the father is seeking an order to spend time with your children - is this correct?
Please can you confirm to me:-
- were the police involved? If so was there a criminal prosecution?
- has this case been listed for a finding of fact hearing?
- has your daughter made the disclosures to the Social Worker and or her Children's Guardian?
- who are your children currently living with? Are they spending any time with their father?
Kind Regards
Caroline
Customer: replied 1 year ago.

thank you firstly , the father was arrested on 7th aug recently and because my daughter clammed up when two police officers walked in I had to leave 30 seconds later with them two being men on both accations . police stopped bail 6 days later , now my daughter has told them what he has done to her and the social worker just moaned about me saying it was tit for tat as he had made allegations against me investigations are ongoing with police but social care have closed the case . there is a joint residancey court order and the accessment done the social worker was dreadfull she had very little info on the event of the fathers actions . my daughter has told them it has been going on for a year and a half,if I go to court caffcass wil take the side of the report (tit for tat )I am aware how caffcass work and the way cases are managed .99% of the accessment is incorrect or its just saying about both mother and focused on that and not the fact that he has abused her is being taken seriously she tells me she was too scared to tell me as she was scared her dad will find out shes told me and he will come and get her . iam terrified no one will stop it .

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response and for clarifying for me.
It is my understanding the the has been previous court proceedings that ended with a joint residence order being made. Following the police being informed - whom likely referred the matter to social services - the police and social services have both decided to close their cases.
It is my understanding that there are currently no children act proceedings before the court - is that correct?
It is correct that your children have not seen their father following the disclosure? or have they seen him? please confirm
Please confirm what allegations the father has made against you.
Kind Regards
Caroline
Customer: replied 1 year ago.

I am aware you don't know me but I can genuinely say and all my friends and family will tell you how much I care about others around me ,even my childrens head school teacher expressed to me and said jan your a very careing person . my ex has wrote to our childrens gp saying that iam emotionally abusing our children he has also said it to social workers.both children have had no contact since and my daughter refused to go with him before she revealed to me,on the 7th aug . social services haves closed the case but the police are still investigating.i took my daughter to the dr and she said she couldn't see any bruising but my daughter was reluctant to let her look properly.what do you mean by childrens act/?

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response. I am really sorry to hear about all these issues.
Thank you for confirming that the children haven't seen their father since the disclosure was made.
Children Act proceedings just means court proceedings relating to your children and in your case regarding who they should spend time with.
Just to clarify - has the father made allegations that you have hit the children ? Is it this investigation that is ongoing? Has the criminal investigation about the disclosure made by your daughter about her father sexually touching her ended or is this ongoing?
Kind Regards
Caroline
Customer: replied 1 year ago.

no aligations ive hit my children no.its still on going as police came round last week so I had to sighn forms for others to be approached by police they said it could take months. the police only moved when my daughter disclosed to them recently , .the social services are doing nothing and not put in place any protection they just said get legal advice.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this.
Have the police put bail conditions in place again since they are now continuing to investigate the disclosures made by your daughter in relation to her father?
Kind Regards
Caroline
Customer: replied 1 year ago.

they've not told me nothing as to weather he has been re arrested or questioned I know nothing at all, iam not being up dated at all

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this.
You need to let the criminal investigation takes it's course.
You need to ask to speak to the officer dealing with the case and ask for an update. If the criminal investigation is ongoing then you need to know if conditions will be put in place preventing the father from contacting your daughter until the matter is finalised.
You don't need a solicitor for your daughter in respect of the criminal matters. If a decision is made to prosecute then this will be done by the Crown Prosecution Service on behalf of the Crown.
It doesn't appear as though the father has tried to collect the children to spend time with them following the allegations being made - if there are conditions in place then he will of course be prevented from doing this. If the father did try to collect the children are there are no conditions in place then you should make an Urgent Application to the Court to vary the previous court order until the criminal matter has been dealt with.
It sounds like Social Services only made initial enquiries following the matter being referred to them by the police - it isn't unusual for them to close their case if they are satisfied that the children are safe in your care.
You need to be guided by the police investigation.
If the police don't prosecute and you are still concerned then you should make an application to the family court. A conviction in a criminal court requires a high standard of proof - beyond all reasonable doubt. A family court can however make a Finding that what your daughter disclosed was true and this only has to be on the balance of probabilities which is a lower standard then the criminal standard.
For now you need to hold tight and find out what the police are doing with their investigation.
Kind Regards
Caroline
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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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