What is shaken baby syndrome?
Shaken baby syndrome usually refers to acute head injuries in young children. This could materialise in numerous ways, including a subdural haemorrhage and a retinal haemorrhage.
What should I do?
If such an injury happens to your baby, and (as you should) you take your baby to the GP or the hospital, they could then refer the matter to social services. At this point you should remain calm and instruct a solicitor immediately. This is a very scary and sensitive area of law, and a specialist solicitor, such as a member of our expert Family Law team, will be able to help you every step of the way.
Your solicitor will be able to equip you with the knowledge to make this process less daunting and will deal with this is an efficient, understanding and effective way. The best possible result for your baby will always be your solicitor’s top priority.
What will the Court consider?
The Court’s central question will be whether this injury could have occurred to your child as part of the ‘rough and tumble’ of family life or whether the force inflicted was clearly unacceptable. This is not a clear-cut assessment.
The amount of force required to cause a subdural haemorrhage differs from baby to baby. This is an ambiguous topic, that is undoubtably heightened by intense emotions. At Nelsons, we will approach this in a pragmatic and calm manner, offering you the best support possible in this scary time.
I cannot afford to instruct a solicitor
If social services accuse you of causing non-accidental harm to your child and issues proceedings, you are automatically entitled to legal aid. This is not means or merit tested. In essence, you have the right to legal representation, and it is in your best interests to exercise this right as soon as possible.
It is crucial to understand that these injuries can be caused by many other acts than intentionally shaking or harming your child. These include accidents, infections, birth complications, genetics and diseases.
This area of law has been cloaked with stigma, fear and distress. At Nelsons, we deal have the expertise to deal with these cases in a pragmatic way. Never be afraid or embarrassed to get legal advice.
How Nelsons can help
Melanie Bridgen is a Partner in our Family Law team.
If you need advice in relation to the subjects discussed in this article, please get in touch with Melanie or another member of our expert team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.