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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1386
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My partner is having trouble with his ex trying to get

Customer Question

Hi. My partner is having trouble with his ex trying to get him into trouble with the police. My partner does not reside with me. He has his own address but looks after my wee boy in the afternoons at my house while I am at work. My question is this. If my partners ex was trying to get him into trouble for being at her property say harrassing her or breach of the peace, and the police come to my property to make the arrest, will the police have to contact social services regarding this matter even though my partner doesnt live with me ? I wouldnt want this to happen while I was at my work. I hope you understand my question.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Family Solicitor and will assist you. I am sorry to hear about the difficulties that your ex is having with his partner. I can tell you that whenever children come to the notice of the police in circumstances giving cause for concern – whether victims, suspects or witnesses - a referral must be made to the Children’s Service by the police. I appreciate that this still leaves an air of doubt for you. It really does depend on the type of offence that has been disclosed and the action that the police decide to take. From my experience as a family lawyer - when my clients have reported to the police harassment - the normal feedback that I receive is that the other person has been spoken too by the police on the phone initially. The reality is - that it is going to depend on the police's perception as to whether your child is at risk of harm. If there is an immediate risk of harm to your child - then the police do have the ability to be able to place your son in police protection. If however the police have concerns but not enough to exercise such powers - then the normal referral to social services leads to a S47 enquiries being undertaken by the local authority. These enquiries are completed by the local authority within 15 working days - so social services will contact you to meet/ speak with you during the course of such enquiries. You do of course have a duty to protect your son. If you therefore have any doubt about the information that you are being provided in respect of any offence by your partner - you can ask the police to check the background and consider disclosing to you. You could also contact social services to see if they have any concerns about your partner caring for your child. Let me know if I can assist you further. Kind regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
Customer: replied 1 year ago.
No, its my partners ex. Not my ex's partner. I have full custody of my son. My partner doesnt live with me but spends time here. If i thought my son was at risk with being left with my partner i wouldnt do so. My partner has no contact with his ex at all. She is just accusing him of things but nothing that is putting my son at risk. His ex does not know my address and cannot get to me or my son. In this case i am assuming there would be no cause for social services to be involved if im here to take care of my son.
Customer: replied 1 year ago.
Also my partner is not my sons father.
Customer: replied 1 year ago.
Also my partner is not my sons father
Expert:  ukfamilysolicitor replied 1 year ago.
Hello So sorry - I meant your partners ex. I also understand that your partner is not the father of your son - just helping to look after him when you work. I also didnt mean to question your ability to Judge the situation - but wanted you to know some of the possibilities. If the police raise no concerns - if they somehow did find out your partners address and attend at your property then they wouldnt need to refer. If your partner had some history that would be of a child protection concern - then if it came to the local authorities attention that he was caring for a child - then they could undertake enquiries and or take action. Again - not suggesting that this is the case just if it was. I hope this helps. Kind Regards Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
* your addresssorry - all fingers and thumbs today
Customer: replied 1 year ago.
No, no history of child protection concerns at all. He has never been in trouble with the police at all until he was stabbed by his ex and got her put away for 6 months and now she is out to get him. He recently got 100 hrs community service for "communication - domestic" even though he made no calls to his ex it was two witnesses against one. The only thing she can accuse him of now im guessing is being at her property. Even tho he has no clue where she lives he wouldnt be able to prove this i guess. Im keeping a diary of his whereabouts and he has no contact with her at all, no facebook, no phone number. He has done nothing to suggest that he is a risk to children and i have already sorted out that if the police were to turn up while my son was in his care then he will phone my sister straight away. I think i am just panicking
Expert:  ukfamilysolicitor replied 1 year ago.
Bless you! It does sound very stressful. There is clearly a history between your partner and his ex. As long as - if there was any investigation at any point - you fully complied in respect of any requirement that social services requested of you - then you shouldnt need to worry. kind regards Caroline
Customer: replied 1 year ago.
Absolutely, and i refuse to let bullies win. I would absolutely comply with anything that was asked of me. Just makes me mad as my partner and son have a fantastic relationship and my sons nursery know about the situation as well and we have their support
Expert:  ukfamilysolicitor replied 1 year ago.
Hello That's a good attitude and its also good to hear that your son's nursery are supportive. Kind Regards Caroline