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Legal minefield. Wh...
 
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[Solved] Legal minefield. Who is responsible?


Posts: 13
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Topic starter
(@petedb)
Eminent Member
Joined: 13 years ago

My daughter returned from a supervised contact session at her mothers house last week in a terrible state. She was extremely withdrawn, sick and wouldnt communicate with anyone. . I immediately took her to the family doctors, who referred her for a paediatrician appointment the next day and called social services. The next day my daughter had a full medical in the presence of a social worker and the results of the medical were "inconclusive" about abuse. Social services' view is that its a private law matter. I have since spoke to our GP after my daughter had said a number of out of character and unusual things. The doctor would not provide assistance or advice. Social services say its a private law matter. The local childrens center has been contacted, but no one will provide an opinion or back it up in writing. I am back in court tomorrow facing a breach of an order. No one will assist with my family because A) Im male and mitigate the risk and B) because i have a residence order and its "private " law.
Social services view was that if i let my daughter go to contact then i would be legally liable for any abuse that happens. My solicitor has written to the social worker but received nothing back and she is not returning my calls. Where do i legally stand? Surely because its in the realm of private law that doesnt give social services a right to avoid dealing with the case?


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(@Nannyjane)
Joined: 14 years ago

Illustrious Member
Posts: 5426

Social Services can be reluctant to act, my son has been in an identical position. He also breached the contact order and denied contact for very good reasons, matters of risk to his son. The mother took him to court for enforcement which hasn't been upheld...my son counter applied for a variance of contact, which has been upheld in part. The mother has not had overnight stays since November last year , these are about to recommence sometime this month, but she has improved her behaviour again and a particular person is not in her life so the risks have reduced. My grandson needs contact with his half sister and he also needs a relationship with his mother too. Although we would rather there were no overnights, she will only get 1 night every fortnight when it starts again and as long as our boy is happy we can deal with it. We have no doubt that there will be further trouble in the future...it's the nature of the beast!

Often the SS will back off from any action, they should have intervened in our case but seem blind to the problems...you just have to fight your corner and keep bringing the issues up in the hope that they will be believed.


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