08 Feb IMPLEMENTING LEGAL ACTION TO PROTECT YOU AND YOUR CHILDREN
IMPLEMENTING LEGAL ACTION TO PROTECT YOU AND YOUR CHILDREN
If you fear for the safety of your children at the hands of a dangerous partner then there are a number of legal avenues available to ensure their wellbeing.
As a parent, your first priority will always be your children. If you believe your or they are in immediate or imminent danger then you need to get away from that danger, calling upon the local authorities, emergency services, or support services straight away if you need their assistance. You can learn more in the article Escaping A Violent Partner: Getting To Safety.
On the basis that you and your children are removed from that immediate danger then there are a number of things you can and should do to make sure they remain protected.
1. Consult with a Solicitor
Seeking legal advice is crucial in understanding your rights and options. A solicitor with expertise in family law can guide you through the legal process and help you make informed decisions. Many solicitors offer free initial consultations, which can be valuable in assessing your situation and understanding the potential courses of action. Thereafter, you may be able to apply for legal aid depending on your financial situation.
2. Consult with a Solicitor
Documenting evidence of any threats to your children is essential in building a strong case for action. This may include any incidents of abuse, threatening messages, or any other relevant information that demonstrates the danger your child is facing. Make sure to keep records of dates, times, and any witnesses involved.
3. Apply for a Non-Molestation Order:
In the UK, a non-molestation order is a legal document that prohibits an individual from engaging in certain behaviours, such as violence or harassment. If you believe your child is at risk, you can apply for a non-molestation order to protect them and yourself from harm. Your solicitor can assist you in preparing and submitting the necessary documentation to the court.
4. Apply for a Prohibited Steps Order
In the UK, a prohibited steps order restricts a parent or guardian from taking certain actions concerning the child without the court’s permission. This can include preventing contact with a dangerous partner or restricting their access to the child. Again, your solicitor can help you file the appropriate paperwork with the court. Other countries will have similar safeguards you can call upon.
5. Child Arrangements Order
If you and your former partner, the parent of your child, cannot agree on custody arrangements, a Child Arrangements Order may be necessary. This legal document outlines who the child will live with, spend time with, and have contact with. It can be a crucial tool in ensuring your child’s safety by specifying the terms of contact with a potentially dangerous partner. Your solicitor can help you with preparing and filing this document,
If a child custody case goes to court, it’s important to attend all hearings. Your solicitor will guide you through the process, help present your case, and ensure your concerns are heard. The court will make decisions based on the best interests of the child, considering their safety and wellbeing.
6. Work with Social Services
If there are concerns about your child’s safety, social services may become involved. It’s important to cooperate with social workers and provide them with any necessary information. Their role is to assess and ensure the welfare of the child, and their involvement can strengthen your case as long as you are willing to work with them.
Facing the need for legal action to protect your child from a dangerous partner is undoubtedly a challenging experience. However, by prioritising safety, seeking legal advice, and working with the appropriate authorities, you can successfully navigate the legal process and take important and reassuring steps to safeguard your child’s safety.
Remember, you are not alone, and there are resources and professionals available to support you.
