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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1406
Experience:  Dual qualified Solicitor and Attorney
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My situation is that my 39 year old daughter has mental

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My situation is that my 39 year old daughter has mental health problems and is an addict. At the moment she is clean and sober and living in a Dry House and getting support to get back into the community. Her daughter lives with me and my husband and we have full parental responsibility. There have been occasions in the past when my daughter has relapsed and become psychotic and we have had shocking experiences in our home which has frightened us and my daughter has been taken into custody and sectioned under the Mental Health Act. Too many times. The police now do not want to be involved in these incidents any more and we have been advised to get a Non Molestation Order in place for the future.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes, but the court want a Capacity form completed by a psychiatrist. My daughter understands this but my problem at the moment is that she is well and we are spending time with her. If we get the Order now is my daughter allowed to come to the family home at our invitation?
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: I went to the Family Court in Brighton initially but the next date is November 14th in Worthing
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no, the most important question is if we have Non-Molestation Order in place in case there is a frightening episode in the future, can she come to the family home at our invitation in the meantime?

Good afternoon

What would you like to achieve, do you want to stop your daughter from coming to you house ?

How old is your grand daughter?

Does she have contact with your daughter?

 

Michael

Customer: replied 5 days ago.
Sorry I think my reply was sent before I had finished. I just want to know if I have non molestation in place in case my daughter arrives in a scary state so she is in effect breaking the law. In the mean time, while she is well can she come to our house at ou invitation.

Hi thank you for your message, a non-molestation order would seem to be the wrong course because in effect it would prevent your daughter from coming to the family home even when fine and well. Furthermore, even if she was subject to such an order and had an episode would she then be logical and lucid enough to think about the order and not breaching it. It strikes me she is likely not. Ultimately, the police may think they do not want to come out for future incidents but if someone is a threat or is a danger to themselves or others they do not have a choice that is their job. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1406
Experience: Dual qualified Solicitor and Attorney
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