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Legal matters

court order vs social services

7 replies

aguska · 27/12/2010 20:19

Help please!!!!!!!!!!! is social services recomendation enough to breach the court order? there is a contact order in place and my child should be going to see his dad on 30th. contact is supervised by his parents as he drinks exesively! 2 weeks ago he was arrested for drink driving and police found that he had some samurai swords in his car. social services cntacted me and said that they would be very concerned if this contect went ahead. I advised them that it would be supervised and they said no contact till they can do an assesment. Everybody is off now(my solicitors)and my ex and his parents are texting and mailing me saying that social services have got no authority to make recomendations or endorsement as there is a court order in place. My solicitor said last week that with the letter we have from social services saying that they believe that my child could be in danger if contact went ahead , we are covered in court as it was not really my desision. I am devastated as my child will be very sad that he wont be going but what else can I do?

Is social sevrices recomendation enough to breach the court order?

If I let my son go against social services wishes ( I am sure that he would be safe with grandparents) can this turn around against me?

hELP!

OP posts:
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StiffyByng · 27/12/2010 21:19

The social services recommendation is fine. No court would expect you to send your son under these conditions, as your ex will find out when he contacts his own solicitor. The court would view it as a reasonable way for you to behave, as you taking the advice of experts.

If you send him, social services are unlikely to act against you given the supervision, but there's clearly some issue for them here that isn't clear from your post. That might worry you too?

In the longer run, you need to see how social services would like you to proceed. Ideally you wouldn't have a court order that you are breaking in any way at all, so they may want this to revert to court-maybe for supervised contact in a contact centre for example. Your solicitor will be able to give better advice on that though.

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Resolution · 28/12/2010 07:42

You must stop contact until it goes before the court again or social services tell you that they are satisfied with the arrangements. don't be concerned about breaching the court order. The judge will understand that your first responsibility is to protect your child.

You can always tell the judge you were acting on the advice of a solicitor - me. StiffyByng may be one too.

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troylawyer · 29/12/2010 20:13

If it makes any difference, I am also a solicitor and I agree with everything that Resolution has said!

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StiffyByng · 29/12/2010 22:23

Am rather pleased I could pass for a lawyer! Sadly just the veteran of my husband's lengthy and difficult residency case, which included a similar incident during his ex's contact.

I hope you're reassured by all this and that you've been able to speak to your solicitor.

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muffy2379 · 20/07/2017 09:55

I need a little help please , social services are asking me not to see my daughter untill they say its ok , the thing is there has been no court order or police involvement, but they have made my partner feel like if she lets me see my kid the s's will see it as she is not putting her Child first , the reason they want to stop me seeing my kid is because me and my partner fed her a little solid food before she turned six months , I have parental responsibility im on her birth certificate and no charges have been made is this right can they stop me seeing my kid for this

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furryelephant · 20/07/2017 10:01

You might be better off starting your own thread Smile
That's quite a drastic reaction to giving a baby food early as I know a lot of parents do it, what food was it? Confused

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DancingLedge · 21/07/2017 11:04

How did Social Services know about the food?

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