National Legal Service Helps Return Child Back to Care of Mother

National Legal Service Helps Return Child Back to Care of Mother

Our client Samantha* was able to secure a Non-Molestation Order (NMO) and a residence order, ensuring the future safety of both herself and her child.

The former partner of our client and the respondent in the case subjected Samantha to several incidences of domestic violence over the course of the relationship, resulting in the child they share together not only witnessing the acts, but also being removed from their care.

Samantha told us how she had been a victim of sexual assault, as well as verbal and physical abuse. With the child left in the care of the respondent following the end of the relationship, our client got in touch with us to apply for several orders.

These included an NMO against the respondent, as well as a Specific Issue Order (SIO), so our client could exercise her parental rights and duties as a mother to have sole care of the child.
In addition, we also assisted with the submission of a Prohibited Steps Order (PSO), meaning that a successful application would limit the steps taken by the respondent in relation to the care and wellbeing of the child.

Because our client was also unaware of the whereabouts of the child for a period of two weeks before seeking our assistance, we also helped her to apply for full disclosure of the child’s whereabouts.

Due to the evidence put to the courts, including the prevalent danger the respondent posed to both the client and their child, which was exacerbated by reports of drug and alcohol use on a regular basis, an NMO was ordered and served to the respondent for a period of 12 months.

The respondent was also required to return the child to Samantha’s care, after which a PSO was put in place.

Further safeguarding checks saw a recommendation that no contact between the respondent and the child should take place, so a ‘live with’ order was granted with the PSO set to continue until the respondent made his own application to the court.

Samantha has expressed her gratitude for our help and the outcome of the proceedings and is now able to move on with the required protection in place.

*Not real name

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