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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My wife picked my son up from nursery last Thursday and when

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My wife picked my son up from nursery last Thursday and when he came out he run straight to her and cried terribly. so my wife phoned me and I told her to ask the teacher what happened so my wife tried but was told the teacher was busy so she asked me to come to the school and try to speak to his teacher, in the meantime my wife tried to take my son to a park around the back of the school, when she got half way up the path my son is having a full on tantrum so my wife is trying to hold his hand he's pulling the other way and is very strong and my wife is Chinese and very small so she stops and smacks him on his hand 3 times in the meant time a teacher had walk up the path to talk to my wife and asked her if she wanted to talk to her about my son coming out of school but my wife said no as she was not his teacher and would not know why he was upset. When I arrived at the school I spoke to the head mistress and the woman who tried to talk to my wife and they didn't know why my son was upset in school, after going home later on in the night 2 police persons were nocking my door but I missed them as I was putting my son to bed and didn't hear them knocking, but they come back the next day I opened my door and let them in asked them what was wrong and they said that someone over the school had reported my wife for smacking my son they said my wife had pushed my son against a fence and smacked him 3 times on his chest I didn't believe this as my wife wont even let me smack my sons legs or bottom and only wants me to smack his hand as a last resort, I offered to show the police offices to show them my sons chest as I new there was no marks on him I changed his clothes after school and checked later on that night they never charged my wife and left after asking a few questions and said they would contact me today or Wednesday to tell me what they are going to do they also said social services would call this week I have no problem with that as we have nothing to hide, my wife has a masters degree in pre school education and is about to start a PHD on education I am a self employed business man I would appreciate your advice on this matter.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
Thank you for your question.
I am a Solicitor and will assist you.
The school are under a duty to make referrals in relation to safeguarding concerns.
Although I appreciate that you fully support your wife - it is important that you let the police undertake their enquiries.
Hopefully no charges will made by the police and social services will consider that there is no safeguarding issues and there will be no further intervention.
If social services offer any support then you must fully engage with them. If the police press charges then you must strictly abide by any conditions that they put in place. Not following this advice may led the authorities to believe that you are prioritising your wife over your son. This may lead them to consider that you cannot safeguard your son. If they are so concerned then they could seek a court order for your son to reside outside the family home.
It is therefore very important that you work with the authorities. You was not present at the incident and although you know and trust your wife - you need to step back and let the authorities complete their enquiries - you need to prioritise your son. This doesn't mean you can't explain how your wife is to the court and the good relationship they have.
Kind Regards
Caroline
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Customer: replied 1 year ago.
what's confusing is when they came to my house why didn't they charge my wife or want to look at my son, my wife totally denies any wrong doing and the person who witness what happened was quite far away and my wife had her back to her there was no cctv as I asked , and when she spoke to my wife never said anything about what happened as I said my wife is Chinese and has a totally different view on discipline and as for me I'm wouldn't just trust my wife blindly as I already asked my son in private what happened and his version is my wife smacked his hand.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
It might quite well be that no further action is taken but until this is confirmed you have to prioritise your son.
Kind Regards
Caroline
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Customer: replied 1 year ago.
sorry I still don't understand why if they interned to charge my wife why didn't they on Friday and why didn't they check my son as I offered to let them check as there were no marks or bruises or cuts on him anywhere and I thought you need evidence to charge someone and if they where that concerned why didn't social services come straight away and just to add the woman who made the allegation said she didn't think it was an assault she thought my wife was a bit over the top but as I see it its her word against my wife and son.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
It's hard to try and read intentions.
Whilst one would assume that they would check your son or even ask a doctor to do so - the police could still pursue the case on the basis of what might of been witnessed.
Social services initially respond to these types enquiries (called section 47 enquiries) within 48 hours.
Kind Regards
Caroline
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Customer: replied 1 year ago.
if you count the weekend its the fifth day today and the police said they would call sometime this week, so basically her word against my wife and my son.
Expert:  ukfamilysolicitor replied 1 year ago.
How old is your son? Kind Regards
Customer: replied 1 year ago.
4 in november
Customer: replied 1 year ago.
And he's quite inelegant he speaks English and mandarin
Customer: replied 1 year ago.
my wife breast fed him until he was 2 and she cooks fresh food for him every day to eat in school and at home she is very good mother
Customer: replied 1 year ago.
sorry I meant intelligent
Expert:  ukfamilysolicitor replied 1 year ago.
Your son is very young. The police may well speak to him with a specialist officer however he is very young and will likely not be clear.
You need to ensure that you do not question your son about the incident.
Please note that a criminal standard of prove for conviction - is high - being beyond all reasonable doubt.
Yet if the local authority sought an order from the family court then this is a much lower standard - balance of probabilities.
You really do need to take a step back and let the authorities complete their enquiries. You can say its hard to believe but you need to prioritise your son. It may all amount to nothing but until that is confirmed be guided by the professionals.
Kind Regards
Caroline
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Customer: replied 1 year ago.
I just asked him casually as my son is the most important thing, as you can understand I am very worried about the situation as I feel it has been blown out of all proportion, if I didn't believe my wife or there were any marks on my son I would have been the first to sort this out, my sons well being is all that matters! but as I said I can only tell you what I know, since my son was born my wife has been a fantastic caring mother and we have a lot of close friends to support us, I spoke to a good friend who will stand by us who is a police officer of 24 years and knows my wife very well and my son. thank you for your help as I said I'm still a bit confused that they haven't charged my wife or looked at my son if they were that worried about the incident .
Expert:  ukfamilysolicitor replied 1 year ago.
It's only natural to be worried - and hopefully it will all amount to nothing. I have no doubts that your wife is an excellent mother from what you have said. People can sometimes lose control for a moment - which may or may not be the case. Try and get an update from the police and social services. Kind Regards
Caroline
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Thank you
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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