Child Protection URGENT HELP NEEDED!!!!

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20 May 2008 12:00 AM by nosbor Star rating. 4 posts Send private message

My Daughter (Who is English) has a 4 month old baby with a Spanish man. They have lived together recently but on Friday he became violent towards here having taken drugs and drink. He also stole a car on the same day and was driving around trying to find a gun to buy to kill my daughter (Bullets were found in the car)

The police were called and on Monday we went to court to find that the promised solicitor and interpeter did not turn up and no paperwork either. We were  all left in the domestic violence court with no information and forced to sit opposite the guys parents. We were treated like dirt and  all the officials  made it quite plain that as foreigners  our rights were at best limited.

My daughter had to go and see a judge with the guys solicitor and was questioned in Spanish despite protesting that she did not understand everything we were not allowed to be with her. Then we were told to come back today for a hearing about the violence.

Last night we went to a solicitor locally and went through the details with him. We found out by accident that the guy had been released from jail without our knowledge and having keys to our daughters apartment. We also found out that he has a murder conviction and other offences that our drug related. We asked the solicitor about custody of the baby knowing the above information for the first time. He assured us that the only thing happening in court today was about the violent incident.

I am sure you know whats coming next....The guy go 16 months probation  and told to stay away from my daughter  but  the judge decided he and his parents sould get unsupervised  access to the baby evey week for a full day!  We are not allowed to be there or near the house.

Aparrently in 30 days  there is a custody hearing which the solicitor says will give him further rights to custody. Apart from being a convicted murderer  he only has to pay child support if he gets a job but with his record he cannot get work!  My daughter has lost her job as the violent incident happened in her place of work and the boss does not want any more problems!

So it seems you are rewarded for violence towards women as well as not having to pay for a child but having full rights to access. He also does not have to pay for the apartment locks to be changed because his name is not on the lease.

We feel the solicitor stitched us up  and charging 300 euros to attend for the privilige!  The guardia also have kept my daughters passport andtold her she is not allowed to leave the area or go on holiday without the boyfriends permission.

We need help to get this sorted out. How can a convicted murderer have any rights to access to a 4 month old baby. He has already threatened to take the baby out of the country if my daughter causes him any problems and that if she takes the baby away he will find her and the rest of the family and kill us all.This was all in the testomony  and the court knew of his previous convictions. When we asked would he go to prison for stealing the car as he is apparently on probabtion for  another motor related offence the solicitor laughed at us and said no and that it was nothing to do with us anyway.

So what can we do. The bay does not have a passport so we are all stuck here having to  kow tow to a convicted murderer and his family with the full support of the court. All we  have done is work here legally  and come for a better life but it seems in Spain you have  no rights unless you are Spanish.


The solicitor says thats how it is and to get on with it.....unless anyone knows of another way.



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20 May 2008 3:38 PM by Marksfish Star rating in Vera, Almeria. 2624 posts Send private message

Marksfish´s avatar
What a horrendous story! Would the British Embassy be able to give any advice and issue emergency passports? At least if back in the UK, you will be dealing with a legal system that you can understand.

Your best bet would be to PM or email Maria or one of the other forum lawyers and see what they advise.

Mark



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20 May 2008 4:40 PM by morerosado Star rating. 6927 posts Send private message

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Nosbor, I am stunned by your post.

Maria, a lawyer on EOS, surely could put you in touch with someone with the knowledge required to help you. 

I'll PM her to look at your post. Your PM facility will not be activated yet, I think.



_______________________



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20 May 2008 5:19 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar
Dear Nosbor:

You can act for him to be deprived of his parental rights on the basis of his criminal conduct. You need to look for a Family Lawyer in your area. If you want, just PM me to see if a know a recommendable colleague near you.

Of course you can PM or email us if you need further help or assistance. I used to be a Family Lawyer before getting involved in the Real Estate Law world.

My most sincere encouragement.

Best,

Maria

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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20 May 2008 5:22 PM by tired of waiting Star rating in navan,ireland.. 100 posts Send private message

Nosbor, what a terrible situation - you are in my thoughts - keep safe.

Helen



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20 May 2008 5:44 PM by morerosado Star rating. 6927 posts Send private message

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Nosbor, please add a message on this thread, click blue link. 

Justin, help required please regarding PMs to new members..


Justin will activate your PM with luck. 

See, Maria came after I asked her & seems she can help you. She's a very well liked & respected member who has helped many of us. Let her help YOU. 

Good luck.

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23 May 2008 3:03 PM by shaggi Star rating. 38 posts Send private message

H i Maria i sent you a pm don´t know if it´s worked though as i´m new to this.

Just got back from the solicitor who represented us (I use that term loosely!) He told us as he had not received notification from the court our grandaughter did not have to be handed over this Saturday for access. He told us it was my daughters responsibility to tell the father who attacked her he could not see the baby. After much arguing along the lines of why are we paying you and the risk of violence to my daughter he reluctanly agreed to ring the other solicitor.

10 minutes later we got a call saying he had just received the court order from the court and the visit had to hapen after all ! You can imagine the range of emotions we went through! We also found out that the father can take the baby out on his own on access despite his latest conviction for  drunk driving and stealing a car! Don´t forget he is also a convicted murderer now with free access to my grandaughter.

When we asked why the injunction for not coming within 200mtrs of my daughter did´nt include my wife who he threatened to cut her throat we were told that the police should have done a seperate denuncia for this and so it cannot be counted now. The farce just goes on and on.

Finally in 30 days there is a custody hearing being brought by the other family. Because my daughter managed to pursade her boss to give her a job again we are not entitled to any help with legal costs (This hearing is another 1300 euros in fees! ) altough because he has no job he gets it for free! So the moral of the story seems to be commit the crime and get full  rights and you don´t have to pay a thing!

The embassy  say  they cannot express a passport we just have to  wait as normal and then take a view from there.

Every day seems to get worse i can´t believe that there is a justice system worse than the UK for rewarding criminals but i think i´ve found one in Spain!



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23 May 2008 3:56 PM by morerosado Star rating. 6927 posts Send private message

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Shaggi, are you Nosbor or am I wrong ? This is confusing as I've searched your posts & you haven't mentioned this before. 

The two are identical, seemingly. Anyway, apologies if I read it wrong.

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23 May 2008 5:01 PM by nosbor Star rating. 4 posts Send private message

No same one i was trying to protect the family by using different name but in my current state i forgot to change things over i was´nt thinking straight at the time



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23 May 2008 5:15 PM by EOS Team Star rating in In Spain of course!. 4015 posts Send private message

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This is truly horrendous.  I am just totally stunned and horrified at the way your family has been treated and what you are going through.

Your solicitor seems totally useless.  Have you told Maria where you are and maybe she can recommend someone decent to you?  You really need to get a decent lawyer, this is truly dreadful.

What about the British embassy?  Have you tried contacting them?  Anything they can do?

If there is ANYTHING we can do to help then please PM me.

Justin

_______________________

Schools in Spain Guide | The Expat Files | Learn Spanish | Earn a living in Spain




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23 May 2008 6:28 PM by morerosado Star rating. 6927 posts Send private message

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Justin, I sent Maria a PM with the link to this thread to get her to look at Nosbor's post as I, too, felt shocked at what he/she  & his/her family are going through. Maria responded in the thread 20 May 2008 5:19 PM. She is there for this family,


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23 May 2008 11:01 PM by claire T Star rating in Torremendo, Orihuela. 688 posts Send private message

EOS Supporter
Hi Shaggi - I have just moved to Spain and really don't know much about the Spanish child protection system.  However, as a social worker, I think you should contact your local social services in Spain and tell them that you have a concern re child protection.  Given the history of the father, which should be a matter of record, at the very least you should be able to ensure that any contact with him is supervised.  

I agree that your solicitor is not doing much to help you and Maria should be able to give you a contact who would deal with the matter from the perspecive of the child, rather than from that of your daughter or her ex-partner.  Custody and contact issues are always messy but it seems to me that you need someone who will act in the child's best interests - which may of course coincide with yours and your daughter's.
 
Good luck! 

 

_______________________
Claire



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08 Jun 2008 3:19 PM by morerosado Star rating. 6927 posts Send private message

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Nosbor/Shaggi, are you out there. Let us know what's happening please.


This message was last edited by morerosado on 6/8/2008.

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