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Mother regains custody of children

Release Date: 24 April 2009

For the purposes of this case study false names have been used.

We were approached by criminal solicitors in respect of a client of theirs, Michaela, who had been in prison on remand for a charge of possessing drugs. Her child had subsequently been placed into Local Authority foster care and the Local Authority had issued proceedings.

Michaela had been produced at the hearing and we were able to meet with her and take her instructions. Whilst initially the child was placed in the care of the Local Authority, we were able to arrange for Michaela to undertake regular drug testing in prison and, upon her release, were able to successfully argue with the Court that she should be assessed as a primary carer for the child. Despite her release some six months after the proceedings had occurred, the Court agreed to this request and M was able to undertake a full community based assessment at one of the Local Authority’s own facilities. This was broadly successful and at a final hearing, we were able to argue that the child should be returned to Michaela’s care with no further intervention from the Local Authority.

This was a wonderful result and Michaela was very grateful to us for our assistance.

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