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hi all i hope that someone can help me out
i split from my partner about 3 months ago now ive had the kids most of this time
and am fileing for parenal rights at the moment then will be goin for custody
my problem is she is taking the kids around drugs
she is off her face most days when i was with her she smoked abit of cannibis
but now she is on speed and what has come to light today is that she is now going out with a cocaine dealer
and is useing to
i have contacted social services about this but they dont seem to be doin anything so i have said to her i am keeping the kids cus i feel for there
safety what are my rite in this matter i know i could get arrested but i just cant sit back and watch my kids be around this stuff
i have been keeping a diary of happenings
what else can i do
please help
Hi Jonny,
Welcome to Dad Talk.
It sounds very sensible that you told Social Services about your concerns and that you're keeping a diary.
You obviously care a lot for your children's safety.
I have forwarded your thread to our legal experts and within a couple of days they will post their advice to this thread.
regards
littleocean
My advice for now would be to keep on at social services - they are generally always stretched, but you need to make sure that your case doesn't get buried. Don't lose your temper with them, but be persistent.
As well as keeping a diary (keep this up, down to the last detail), any other evidence you can get will help. If you know of illegal activities, then inform the police.
Hopefully the Childrens Legal Centre will tell you how, but you need to apply for an interim order to keep the children in your care until it's finally resolved.
a interum order who do i go to for that
thanks for your reply
The Childrens Legal Centre are the best people to give detailed advice on this.
Dear Jonny823
You have acted correctly by informing social services of your concerns stemming from your ex-partner’s drug use. It is sometimes beneficial to reiterate these concerns if you feel that social services are not taking any action. It may also be beneficial to contact the NSPCC who can themselves make referrals to social services. You can contact the NSPCC by telephoning 0808 800 5000.
It appears from your post that you do not have parental responsibility for your children. Parental responsibility, in everyday terms, means an ability to have an input into major decisions relating to the children. If you are named as the father on your children’s birth certificate and they were born after December 2003 then you will have parental responsibility.
If you do not have parental responsibility then technically if your ex-partner calls the police then they may remove the children from your care and return them to their mother. However, the police do have discretion in situations where they feel the children would be at risk if they were to be returned home. Therefore, even if you do not have parental responsibility for the children, the children may be able to remain with you if the police feel it is in their best interests.
It is possible for you to make an emergency application to the court for an interim residence order. This is a temporary order whilst the court considers who should have long-term residence of the children. An interim residence order will also give you parental responsibility for your children for as long as the order lasts.
If you qualify for legal aid then we would recommend making an appointment with a solicitor so that an application can be made on your behalf. If you are unsure whether or not you qualify for legal aid then you can enter your financial information into an online calculator to determine eligibility ( www.communitylegaladvice.org.uk/en/lega ... ulator.jsp ).
If you do not qualify for legal aid then it is possible to apply to the court yourself. This is known as acting as a litigant in person. You will need to go into your local county court and fill in a C100 form. You will need to make clear on the form that you are applying for an interim residence order and a full residence order. If you do not qualify for legal aid there will also be a one off fee of £175.
If the court considers that the application is urgent then it is possible for the hearing to take place within the same day or in the coming days. You will be able to voice your concerns at the hearing. If you are being represented by a solicitor then it will be possible for your solicitor to put points across on your behalf. The court then has to make a decision based on what is in the best interests of your children.
We hope this information has been of use to you however if need an issue clarifying or require further advice then please call the Child Law Advice Line on 08088 020 008.
Kind regards
Children’s Legal Centre
thanks for all your replys i went into my solicitors today and said about a intrin order he has now moved my case along
i have a meeting in the morning at 10am with a mediation centre these will then provide a app7 form then this should be pushed though to court im hoping
i told my solicitor this matter is very urgent so im hoping he will push it though fast
i have also been down the police station and they hav put a flag on her car
the thing that worrys me the most is if she has been on cocaine she is having our kids in the car
its worrying me to death and there just seems to be so much u have to do nowadays just to make sure ya kids are safe
thanks again for all your replys ill keep u all updated
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