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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1990
Experience:  Dual qualified Solicitor and Attorney
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My friend left her mentally abusive partner wither son

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My friend left her mentally abusive partner wither son November 2016. Within four days she was handed a court summons. Since then ongoing court appearances about residency. Father lied about mental state of health of mother. Mother mis-diagnosed by psychologist (reports from independent psychiatrist and cbt therapists confirm misdiagnosis). Court took no notice of this evidence and on October 18th 2018 ordered that the son removed from mothers care and placed with father. M allowed one hour supervised access for a year. Access is now increasing but son is receiving therapy as so traumatised. The mother and son have been denied their right to a family life. Could this case be taken to EU court.
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: The court case had been ongoing for three years very biased. I was present on all occasions, not in court room, and did see what to me was emotional blackmail to get mother to agree to saying son was best placed with father. Court closed case but possibility that M will be back in court to ensure son gets required recommended therapy, by court, as F wants to avoid further therapy.
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: Swansea Crown Family Court.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: It's a long complicated story. If there is a possibility of a case for EU Human rights we're prepared to travel, within reason, to discuss.

Hi thank you for your message, ultimately any case that is said to impinge on human rights can be taken to the European Court of Human Rights (ECHR) however, it generally takes years for a case to be heard at the ECHR once lodged with the court and in any event, children being taken away from a parent or parents or contact reduced in order to protect the interests of the child has been held to be a legitimate interference in the human rights of the parents. Of course, you will try to argue that this was not a legitimate decision of the courts in England but that is extremely unlikely to be successful because the ECHR will not retry the case. To take a case to the ECHR will also be extremely expensive, so in short yes you could try to the take this to the ECHR but it will take years before the case is heard, if it is heard at all as the ECHR can reject it, it will be very expensive and it is very unlikely to be successful. 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.

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Customer: replied 12 days ago.
Thank you for this. It was more or less as I expected. Friend does have a current legal aid certificate but doubt it would be renewed for EU HR case. So thank you.

Hi thank you for your message, as you suspected legal aid would not apply to an ECHR case. Thank you for accepting my answer.