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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4518
Experience:  LLB (Hons)
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This is to do with my new partner since October last year

Customer Question

Hi this is to do with my new partner since October last year and my sons dad.there was an incident
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Only looking on here for advice. He was meant to return my son after his wknd visit but refused as he seen me and my current partner
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Denbighshire, North Wales
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes, there was an incident in January where the police were called whilst my son was home and my partner was arrested but later released with no charge. But due to my son witnessing the assault the social services were informed and we wer told that we would have to under go an assessment in order for us to be together
Submitted: 17 days ago.
Category: Family Law
Expert:  SASH_Law replied 17 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

Thank you for explaining the background details, can you tell me what your legal query about it is?

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Customer: replied 17 days ago.
Has my sons father any right to keep him due to what has happened?
Expert:  SASH_Law replied 17 days ago.

Your son's father is keeping the child in his care because of the issue arising with your partner - how long has he had the child since the incident was in January?

Customer: replied 17 days ago.
He refused to bring him home yesterday (has him every other weekend normally) because he saw my current partner with me so he took my son to my mums. When I explained there was no issue he accused me of lying and said he doesn't want my partner anywhere near him
Expert:  SASH_Law replied 17 days ago.

Did SS tell you that you were not to have any contact with your partner when your son was in your care, or did they state that you were not to have contact with him at all until an assessment was carried out? Please be specific in answering this question.

Has the assessment taken place already?

Expert:  SASH_Law replied 17 days ago.

How old is your son?

Is he with the father, or with your mother as you refer to the father taking him there?

Customer: replied 17 days ago.
If we wer goin to carry on the relationship then we should have the assessment.
He lives with me but sees him every other wknd.
I've contacted the ss to arrange the assessment but waiting on a reply as it was on a answer machine
Customer: replied 17 days ago.
He stayed in my mums last night but cane home today, now that my partner is not here
Customer: replied 17 days ago.
Hes just turned 11
Expert:  SASH_Law replied 17 days ago.

So you carried on seeing the partner, even though you had been told by SS that an assessment had to be carried out first? And the father has just discovered that, and on that basis did not return the child to you, but to your mum's? The child has now returned home...so what is your current legal query about all of this?

Customer: replied 17 days ago.
Where do I stand legally? Can he just refuse to bring him back the next time he has him on his wknd?
Even though the assessment will be done ASAP
Expert:  SASH_Law replied 17 days ago.

If there is a court order stating that the child lives with you, then legally you can ask for him to be returned, but the response from the father will be that there are safeguarding concerns, so to get him returned you will have to go to court.

If there is no current court order in place, then you're both seen as equal in the eyes of the law as you both have parental responsibility (if he's named on the birth certificate), so he can withhold the child if he believes he has valid reason for doing so. And in light of the incident with your boyfriend, the father clearly has valid reasons for withholding the child given that he saw you with the person you are not supposed to be with until an assessment has been carried out. It's June, the incident occurred in January, the assessment should have been completed by now, but it would appear that it has not been started even.

Let me put it this way, if it was the father asking for advice, I'd tell him to withhold the child and go to court for the court to assess the situation with your partner to ensure that you have complied with the SS requirement for an assessment. As it is you that is asking for advice, I will tell you that the only way to resolve this, is for you and your boyfriend to have the assessment and pass it with flying colours, and then the father won't have a safeguarding issue. At present, he has a very valid safeguarding issue.

If the assessment is positive, then the father should be satisfied - if he's not, the option to go to court is still open to him.

Customer: replied 17 days ago.
OK thank u for ur help
Expert:  SASH_Law replied 17 days ago.

You're very welcome. I hope you manage to get things resolved.

Customer: replied 14 days ago.
Hi, it seems that the assessment is not needed because it has been so long since what happened in January. So apart from hearsay and a clear dislike of each other, I'm worried that he will keep my son again? So where do I stand legally?
Expert:  SASH_Law replied 14 days ago.

The law sees you as equal parents, so he can withhold the child if he thinks he has a valid reason for doing so.

If the father retains the child again and this time doesn't return him, then you will be in the unfortunate position of having to go to court for a child arrangements order. You can apply on form C100 - cost is £215. You will need to attend a mediation session first - see the C100 form for more information about that.

Find a mediator here: www.familymediationcouncil.org.uk

C100 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946762/c100-eng.pdf

Kindly post new questions in new threads.

All the best.