Can a Residence Order be Turned Around

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Can a Residence Order be Turned Around

Post by grace » Wed Feb 26, 2014 12:07 pm

Can anyone offer some sound advice please? I have posted a few questions previously when our son was granted permanent custody of our two grandchildren. The social worker involved in the preliminary investigation when the children were on the risk register has subsequently been suspended for eighteen months for demonstrating bias towards the mother and neglecting to follow up on a number of complaints that our son presented to her. So bad was her neglect that we really thought she would have been removed from the Social Workers Register. She appealed against the decision and the new panel upheld the original decision.

Now three years after our son was granted permanent custody, a "loophole" has been discovered allegedly where the final case was to quote "not closed out properly" allowing the mother to make an application for full custody. We are shocked, and extremely annoyed that the mother has been permitted to do this when she was found guilty of assaulting our eldest grandson when he was five years of age (He is about to celebrate his 11th birthday)

CaffCass are involved and when our son explained that the children's guardian had presented a case to the court where she strongly urged the judge to make the decision for our son to have permanent residency.
Cafcass have now told our son that there was no guardian allocated to the children as a guardian is only involved when children are about to enter into care. This is the first we knew of it and all the paperwork refers to the Guardian/CafCass, and all the main agencies referred to her as the Guardian.
When our son explained that the mother had been found guilty of assault and the social worker suspended CafCass declared they knew nothing about it..In addition they were aware that the mother had since had another baby, a girl who is now one year old. She is apparently not on the Risk Register and is obviously at risk!!
Our son is now to appear in court on 17 March under the subject Section 91(14) Orders of the Children Act 1989.
Despite the cost of another lengthy court case we are devastated to learn that this can be allowed to happen.
Can anyone please advise on the likely outcome

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