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tcc65 | 20:09 Thu 03rd Jan 2008 | Law
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I have a friend who has recently seperated from her husband he has taken two of their children one who is an adult and is disabled to live with him. He has refused to allow his wife to see the children. The adult child who receives day services from social services has not been consulted about this, it is unclear if she has capacity to make a decision about this.
Social services have said they will not get involved and have suggested my friend seeks legal advice they have refused to say why. My friend does not qualify for legal aid and cannot afford to pay for legal advice
Any suggestions? Are there any organisations who may be willing to support her?
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Any solicitor will give a free 30 minute intital consultation. If your friend makes an appointment she needs to specify that she wants to see a solicitor who specialises in family law. She could also try Citizens Advice. As the adult child may not have the capacity to understand, I would also suggest seeking advice from Mencap.
Hi

It all depends on the age of the children, You mentioned 1 is an adult... how old is the younger one?

Up to the age of 18 your friend can apply for a s 8 contact order ... ( Childrens Act 1989) which will aloow for regular contact to be put on a legal basis.

She will need to get legal advice in order to get this proceedure in motion.

The problem with older children is that they have a serious voice ( under the Gillick competence test) when it comes to court proceedings and if they do not want contact then the Courts usually support their opinion.

As for the elder disabled child I am unsure, as Mrs O suggested, she could do with paying a visit to the CAB, I volunteered with them in my second yr of doing my law degree and they know all there is to know about all matters legal!!

Good luck to your friend

J

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