Emily, a 7-year-old girl, was the subject of Family Court proceedings. Emily lives with her father, John. John separated from Emily’s mother, Laura, 2 years ago.
Laura and John have a Child Arrangements Order. Emily stays overnight with her mother once a week and on alternate weekends.
John is anxious about upsetting Laura. In the past, she has been abusive towards John, and he is frightened of her reaction if he does something she doesn’t like.
John notices a change in Emily when she returned from seeing her mother. He is concerned about Laura’s behaviour and its impact on Emily. Emily is becoming unusually fearful and distressed after spending time with her mother. Emily’s teachers are raising concerns about Emily’s declining performance and frequent absences when in her mother’s care.
Conscious of the Court Order, and Laura’s reaction if he does anything, John continues to encourage Emily to spend time with her mother. After a time, Emily returns with injuries which she cannot explain.
What should John do?
Don’t delay. If John is worried about Emily being at risk of harm, he has to act. John needs to prioritise Emily’s well-being. If there are safeguarding concerns, including risk of harm, then John may consider halting contact between Emily and her mother.
Getting legal advice is key. A specialist family lawyer will be able to guide John through his legal options such as applying to vary the existing Child Arrangements Order.
John should maintain a detailed record of any concerning incidents, including dates, descriptions, and any comments made by Emily. He should also gather relevant evidence such as medical records.
Making a report to Social Service may also be necessary so that they can assess the situation and provide additional support.
This is a difficult position to be in and getting advice is vital. If you need legal advice, please get in touch via my contact page or contact me, Sigourney Lee-Smith directly 01295 204009 or slee-smith@se-solicitors.co.uk.
