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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 1586
Experience:  LLB (Hons)
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My partner is currently going through a residency battle and

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Hi my partner is currently going through a residency battle and outlined the fact he was subject to emotional, financial and physical abuse during the relationship. He also was sole carer for the little boy until they separated as she wasn't interested in him.. (I've seen and heard recordings to know for a fact he is telling the truth). However, she always threatened that if he left she would tell them he abused her, which she has. The court has now order a s 37 to be carried out. My question is is it worth my partner getting character references from people who have known him for years and will have witnessed some of his ex wife's behaviour so its not just his word against hers? Also printing off the emails and texts between the two of them when they first split showing her behaviour? Surely they will see that a woman who now claims he isn't safe to have around the child wouldn't have been saying things like 'give me a £1000 and you can see him... Which he did do on one occasion!

Hi, I'm Lea and I have reviewed your query.

 

Just to clarify - it's a s37 and not a s7 report?

 

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 14 days ago.
It's a s 37

When did social services become involved with the family?

Customer: replied 14 days ago.
They haven't yet.. The judge ordered a s 37 to be completed at the first hearing on the 11th of this month. To be completed before the next hearing on the 17th April. The only involvement social services have had is due to the little boy being autistic and sorting out all the things he needs. But never in a way of concern. As I say, my partner has done everything for him, night feeds, injections and all appointments for his autism. He is genuinely a loving caring dad. I knew him before we got together as a couple. She would go away most weekends leaving him at home with the little one.

If that is the case, then the s37 report will reflect that it has been the father who has been the main parent caring for the child and should be positive in relation to him if there have never been any concerns raised about his parenting or treatment of the mother and child previously.

 

The court aren't going to be interested in character references - these don't hold any weight in a family court, though if the father believes there are people who can provide witness statements to support any element of what he has to say in relation to the accusations against him, then he is at liberty to request that the court give permission for those people to submit witness statements and be called to any final hearing or fact finding hearing that the court believes is necessary.

 

At this stage though, there is no need for your partner to submit anything to the court - he will be directed to do so at a later hearing if it is deemed necessary. For the time being he can provide any and all information that he believes is relevant to the social worker who is going to write the s37 report as they will be interviewing him and the mother (individually) to establish what each party has to say.

 

Can I clarify anything for you?

SASH_Law and other Family Law Specialists are ready to help you
Customer: replied 14 days ago.
Ok thanks

Thank you for the positive rating.

 

I hope all goes well for your partner.

 

All the best.