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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9320
Experience:  I have been practising for 30 years.
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Recently my daughter got into trouble for having a small

Customer Question

Recently my daughter got into trouble for having a small amount of Cannibais and due to recently having a strained marriage relationship I did not want to tell my husband on this occasion.
The social worker has told me that legally in Jersey they have to tell both parents as my husband has parental responsibility, and I am worried that it will make things difficult for my daughter because of current mental health issues, as she is not close to her Dad and he is often quite over protective.Is there anything legally I can do to stop them sharing this information with him, can I sign a legal document that I won't hold them responsible legally for not sharing information with my husband. I am due to meet them at 11:30 to discuss further so would be grateful if you could help me with this by answering my question.It is not that I want to keep secrets, but just don't think that it would benefit my daughter right now by her Dad knowing. Can they force me to tell him or do I have any rights as the primary carer?
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

If a child’s parents are separated or even if they are living together, would not be unusual for social services to consult both parents to make sure that one is not covering something.

Unfortunately, if social services decide that they are going to tell both parents, there is very little you can do about it other than apply to court for an injunction to prevent them telling the child’s father. The court is unlikely to grant that application unless there is some kind of concrete medical evidence which says that it would not be in your daughter’s best interest.

You can ask them whether you can sign any kind of legal disclaimer that you won’t hold them responsible for not sharing the information, but it’s most unlikely that they would accept it.

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Customer: replied 9 months ago.
Thanks for your help. I understand that there is not much I can do. I was just concerned about her emotional well being but there is nothing I can do as they say they are legally bound to tell him and so I have to go and meet them with him tomorrow.
Expert:  F E Smith replied 9 months ago.

I’m sorry, I wish I could give you a more favourable answer that’s the situation. Best wishes.