Dear JKDF99
Welcome to the forum and thank you for your post.
In summary, you had concerns about your ex-wife’s partner following an incident between them. You actioned
Clare’s Law and this triggered involvement from Children’s Services who informed your ex-wife that her partner should not be present when the children are in the home. This request has not been followed and the partner has now moved into the home with the children present.
Are Children’s Services aware of the change in circumstances? It is important that they are informed to ensure safeguarding issues can be addressed. You can do this anonymously to Children’s Services or to the
NSPCC to reduce repercussions to you.
You say the social worker has advised you to seek legal advice to prevent your ex-wife’s partner from being around the children. Also, that they think your wife may be waiting for you to take steps to safeguard the children (and her) because she may be frightened to do so. Following the incident, a risk assessment is likely to have been completed – do you know whether it has? Also, is there an ongoing assessment or plan in place? Please see
HERE for information about different types of assessments and plans that may be underway or in place. Do you have parental responsibility for your children? If so, you should be involved in any assessments or plans. Please see
HERE for information regarding Parental Responsibility and who has it.
In respect of seeking legal advice, I think you need to clarify with the social worker whether she is suggesting you protect your children through a
Children Arrangement Order under
private law
proceedings or whether Children’s Services are advising you to seek legal advice because they are starting the Public Law Outline process (often referred to as PLO). Please see the link
HERE
for further information about this process.
If the matter relates to private law then you may find the Child Law Advice organisation link
HERE helpful. They offer support and guidance when making a private law application to court.
In respect of seeking a solicitor whether public or private law, you may find The Law Society website useful. It has a facility for finding a solicitor to represent you in your local area. To find a solicitor, search using the
‘how to find a solicitor’ function. Look for someone who is a child law specialist or who has
‘Children Law Accreditation’. For information about finding a solicitor and working with them, please see our top tips guide
Working with a solicitor.
I hope you find this information useful. Should you wish to speak to an adviser please call our free advice line: 0808 801 0366 (Mon to Fri 9.30a.m. – 3.00p.m.) Or please do post on this board if you have a further query. You may also wish to look at our discussion board for parents. This is the link
HERE
Best Wishes, Suzie