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Restraining order and social services

6 replies

Mummyisme2012 · 12/03/2022 12:17

This is a post for opinions please to show
My sister how serious this is.

She has a restraining order on her ex from 2019 the police gave her an indefinite one, anyway they got back together on and off without anyone knowing, she became pregnant, they split, she reported him to the police for harassment etc, he got arrested, social did a child in need plan and closed the case as she was doing everything correctly, they did however state he shouldn’t be put on the birth certificate and if he wants contact to go through court for contact centre.

Anyways she’s mentions getting back with him and dropping the restraining order -

What would happen if she did this?
Would social be notified?
Would they even let her drop the order?
What would social services do if they found out?
(He has a criminal history)

Their child is now 2 years old and the SS did their last report when she was 3/4
Months pregnant. Thank you for your advice

OP posts:
AddictedToOlives · 14/03/2022 14:26

Sorry can’t help you but I notice you haven’t had any other replies and it looks like a fairly serious issue…
Suggest you repost on a different board which has more traffic?

AIBU is always very busy - and by asking it as question you can show your sister the voting results

thisisit53 · 14/03/2022 17:59

Your sister is likely to have her child taken from her! If he's been warned to stay away, she's not safeguarding the child and the child in their eyes is in danger. She's choosing him over the child.
Maybe look into courses. He'll need to prove he's changed, which I don't think is easy. Any sign of future abuse and she'll have a hell of a fight to keep the child.

JuneBug94 · 14/03/2022 18:27

If your sister wants her child taken from her she's doing all the right things! Is she mad!?

Soontobe60 · 14/03/2022 18:31

Is there a reason why you’ve posted this twice?

bellac11 · 14/03/2022 18:44

Its a very difficult question to answer simplisitically, there are lots of factors to consider

1 - has he changed, what would the risk to her and therefore their child be if they resumed a relationship, and what does that relationship look like, is he living there or would he be living separately
2 - social services would need to be alerted to their new relationship and there would need to be evidence of risk to the child.
3 - if there were grounds to consider the childs needs were not being met (and that involves being exposed to dv), if it were at a CHIN or Early Help level, mother would have to consent for that assessment/intervention. If the concerns were more serious then a Child Protection referral could be made and dependent on the outcome, the child may be subject to a Child Protection plan
4 - if part of the plan was that mother should safeguard her child (and the implication is that this would be mean avoiding this man) and she didnt do that, then the LA would have to consider entering into proceedings which could result in a decision being made which separates her and her child. Family would be asked to take part in meetings to consider whether any of them are viable to become alternative carers for the child to avoid her going into care. At the age of 2, if the court agreed with separate and if there were not family placements available and agreed that mother was not going to take the safety of the child seriously, it could issue the LA with a placement order at the end of the proceedings and that would result in the LA seeking adoption for the child

So there are a number of issues, what are the risks from him, are they current, are they significant, do either of them recognise them and want to change?

bellac11 · 14/03/2022 18:45

Theres lots of typos in that post, sorry

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