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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am currently working through custody with the mother of my

Customer Question

I am currently working through custody with the mother of my daughter and although she has a respectable job, has been caught by the police with cocainebin her handbag.
She is 45 years old now and not used drugs for over 17 years although clearly using again (or at least in possession off them).
Will this go in my favour at any future custody hearings?
Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you and your daughter in England or Wales?

-How old is your daughter?

-Are social services involved?

-What are the arrangements for you to see your daughter?

-Is there a live court application, if so when is the next hearing?

Customer: replied 1 year ago.
HiBoth my daughter and I live in England and she is 10 years old.There are no social services involved and nor would there be. There is not even a court case.Currently my partner and I are on a break and I have as much access as I need - but specific one on one time every Wedneaday afternoon and all day Sunday.Everything is very amicable st the moment as we try and decide on next steps and whether we get counselling for our relationship.Just trying to understand what the implications would be should we not be able to resolve our relationship difficulties?Many thanks
Expert:  Harris replied 1 year ago.

Thank you. Firstly you would need to assess whether there is a risk to your daughter from the mother. Class A drug use will definitely raise flags with social services given the impact it has on a persons ability to care for a child when under the influence of drugs. Therefore, the legal implications if social services were to be made aware is that they will carry out an investigation and would consider whether to proceed with a child protection plan, or escalate the matter to court for supervision or care proceedings. They will need to see whether your daughter can be placed in your care to safeguard her from any risks.

For your information, to proceed to court for a care order, the local authority will need to consider whether your daughter has been harmed or is at risk of harm, and if the mother is using Class A drugs this will very likely mean she is at risk.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.