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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34277
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good morning. I have a question but its not a real world question

Customer Question

Good morning. I have a question but its not a real world question - I am writing for a character in a story. Would you be happy to answer? I'm aware this might be wasting time you could be spending more usefully.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi. What is your question about this?
Customer: replied 1 year ago.
Could a child be taken into care if the father or other male household member was physically abusive towards the mother but the mother appeared to pose no threat to the child's welfare other than her association with the male? And perhaps she was in the care system herself and spent some time in juvenile detention before she had a child.
Could she then make a plea or appeal to get her child back and how would she do it, what would she have to prove?
Expert:  Jo C. replied 1 year ago.
Not my area I'm afraid. I will opt out for others.
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.Yes if there is proven domestic violence between the mother and her partner and the mother will not give the partner up then a Child can be taken into care (and they are)To ensure the return of the child to her care the mother would have to prove that she has ended the relationship and can keep her child safe at all timesPlease ask if you need further details
Customer: replied 1 year ago.
Hello, I thought I wrote back to you but it hasn't appeared here so I don't know what happened. I wanted to ask if when proving you are no longer in an abusive relationship in order to have your child returned there are you interviewed at your home or maybe at an office, is your home inspected, is there some form-filling for the mother to do - do you have to make some kind of written plea/appeal? I don't need too much detail. Thank you.
Expert:  Clare replied 1 year ago.
Ok.What kind of time lapse will there have been (roughly)
Customer: replied 1 year ago.
It won't be specified within the plot but to my mind around 6 months since the mother had custody of her baby.
Expert:  Clare replied 1 year ago.
Six months is actually the time that the average care case would take in any event.If the mother wants the child back then she must satisfy Social Services that the relationship is truly over.There would be home visits; and a further court hearing
Clare, Solicitor
Category: Law
Satisfied Customers: 34277
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello again, can I ask more questions about this? Do I need to start again to pay you again?
So I'd like to ask: How far in advance would you receive notification of a hearing? How is the hearing set up - is it a prosecution/defence-type set up or a panel of experts (case-workers?) asking the mother questions? In a less formal environment than a court? Who attends? What might the mother be asked? Can she provide any kind of physical evidence to back her up? During a home visit what is the home-visitor looking for?
Expert:  Clare replied 1 year ago.
You can obtain a basic guide to care proceedings herehttps://www.gov.uk/if-your-child-is-taken-into-care/care-proceedingsand herehttp://www.frg.org.uk/images/Advice_Sheets/15-care-proceedings.pdfIt may help if you read those and then let me clarify and specific points that you need!