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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33516
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son has a two year old daughter, he is her main carer .

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my son has a two year old daughter, he is her main carer . The mother has her three days a week . My son and the mother of his child parted when I believe the child was six months old . His x partner since the split has had three different partners the second partner my son was told by the mother was a drug dealer she allegedly Stoll some of his money so he drove through a fence chased her across a field with a knife . the reason I am telling you this to show you why my son is now concerned regarding her new partner believed to be of the same mind sett . My son has a court order stating he is the main carer ,the x partner was given damming reports from I believe you call core assessments because of her drink and drug abuse .Last Wednesday a the hand over my son informed his x that his daughter has been telling him that her new partner had pushed her over smacked her and put her in what she calls a cadge play pen . Getting no satisfactory response from the x and following advise from friends he rang social services to ask advise, Apparently they rang the x she naturally said it wasn't true and made some allegation against my son, Social rang my son back informed him that in their words she was playing tit for tat that they were not getting involved , An hour later they rang back saying the mother is keeping the child as long as a core assessment is carried out this could take anything up to six weeks . Despite my son saying that the new partner is possibly harming his daughter the child is staying at the same home. Please what can my son do regarding the matter your concerned grand father.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
If your son has an order stating that he is the main carer of the child (either a residence order or a child arrangement order for child to live with him), then this should be the arrangement unless there is a further court order or a police protection order to the contrary.
If children's services feel that there is a risk to the child in your son's care then they either have to receive your client's agreement (a S20 agreement) for the child to be placed elsewhere, or for a court to make an order (an emergency protection order or an interim care order) allowing them to choose the placement of the child. The core assessment does not overrule a residence/child arrangement order.
If there is definitely a residence/child arrangement order in place confirming that the child is to live with the father and this is not happening your son can make an application to enforce the order to the court that made the original order under a Form C79. There has to be a warning notice attached to the order. If there is no warning notice then he would need to apply for a warning notice under Form C78.
Please do let me know if you have any further questions regarding this.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is Clare and I have been a family lawyer for 30 years.The involvement of Social Services complicates the matter and means that your son needs to be careful in his next steps.There is no requirement for a S20 agreement where the child is living with one of the parents.Having said that the obvious way forward is to apply to the Court for the return of the child to his care using a Specific Issue Order and a from C100 for an urgent application.The problem is that the Court will be anxious about going against Social Services especially where there is an ongoing investigation. however what you have said about the background suggests that an urgent review is necessary and this will achieve thatPlease ask if you need further detailsClare
Clare, Solicitor
Category: Law
Satisfied Customers: 33516
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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