Please advise on whether my children can be kept from me when no harm was done

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Joined: Tue Mar 13, 2018 12:06 am

Please advise on whether my children can be kept from me when no harm was done

Post by Goodmum73 » Tue May 08, 2018 10:48 pm

My new sw incited myou ex husband's to get a prohibited steps order on me in March even though i have not hort or neglected my children and have no pattern of behavior like this.
I left my son in s cinema when the baby got restless and returned a few minutes late. The manager called the police who never turned up. He told them on the phone I wafer blaming staff which wasn't true. I raff being logical and he expected profuse apologies. Because my son want crying mummy he said he thought it has happened before. It hasn't! Now his word is taken add gospel . They claim iwas unremorseful but I cried at the time as he was telling me off. No one jag even interviewed the manager of the vue cinema.

Everyone is a safeguarding officer now and it wrecks lives
I've been to court twice and not had a chance to defend myself or correct the allegations.
It's corrupt. The sw words is law even though it's just hearsay.
Basically I cannot believe that then stating I am a risk puts me in the same position as a perpetrator who has harmed them. They're a law unto themselves and is wrong.
Why do I need supervision I wouldn't do it again lesson learned. And for my ex to supervise me eden they have claimed for years our presence is a significant risk of harm is bonkers and shows how completely unthought out this whole facade is. It's comical in its stupidity. They don't know the meaning of a true risk assessment I worked for 12 years in engineering.
My ex hasn't been working to keep them full time. Is that the future? 3 different police officers have said It's ridiculous and the children need their mother and no harm was done. My doctor says Myou not being allowed to be their mother except at supervised access is disproportionate.
I believe I am being treated unfairly.
How can I make sure the judge sees my view without just being swayed by a section 7 report? There was one 9 months ago by a different sw and they are trying to rewrite it I think.
Risk is no evidence. I didn't understand tree she guidelines and I made s mistake but there is no pattern. I thought there had to be a burden of proof and a pattern of neglect or some form of abuse?

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Suzie, FRG Adviser
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Joined: Mon Jul 04, 2011 2:57 pm

Re: Please advise on whether my children can be kept from me when no harm was done

Post by Suzie, FRG Adviser » Mon May 21, 2018 2:24 pm

Hello Goodmum 73

Thank you for posting again.

I see that you are still involved in private law proceedings regarding your children who are currently in their father’s care.

In your post you mention that the children’s father obtained a prohibited steps order and this was because a new social worker encouraged him to do so. Since you have parental responsibility for your children and could remove them from their father’s care the social worker may have been of the view that he needed to have this order to prevent you removing the children.

Children’s services were already involved if I recall correctly your previous posts before the cinema incident occurred. This incident may have given them further cause to be concerned about the children in your care. Your previous post also mentioned that you obtained a refund for your ticket so it may be that if this had not happened leaving for a few minutes would be more likely to be accepted. I am not of course suggesting that you intended to be late collecting your son but unfortunately this is what happened and staff at the cinema were concerned about a child being left.

At the moment, what you need to do is explain to the court in your statement if the court has asked you to do one or ask the judge to allow you to do one so you can explain your position including how sorry you are for the action you took.

The judge has asked for a section 7 report because a view other than yours and the father is likely to be helpful. The question for the judge will be whether it is in the children’s best interests to be returned to your care. You can then mention that you do not think you need supervision with your children and not by the father. Children’s services have concerns about the relationship between the two of you and how this impacts the children so it does seem inappropriate that he should supervise contact. Are you able to suggest someone else to supervise contact, for example a member of your family or a mutual friend maybe?

I do not think it is right to say that the social worker’s word is law as, if that were the case, there would be no need for cases to go before a court to be decided. The final decision is for the judge hearing the case.

You also mention in your post that ‘everyone is a safeguarding officer’ that is a true statement because everyone should be concerned with safeguarding; it is all of our responsibility. That is why anyone can inform children’s services of any concerns they have about a child. It is then children’s services legal duty to look into it and decide what action to take.

Regarding the section 7 report, once you have received this, you have the opportunity to read it through and make notes on anything with which you disagree especially if there are factual inaccuracies. The judge should give you the opportunity to respond to the section 7 report so your views can be considered.

You have not had an opportunity yet to, as you say ‘defend yourself’, this is because the amount of time set aside for directions hearing is not enough for the judge to have a contested hearing. The final hearing is when you will be able to put forward your views, both you and your children’s father will be asked to give evidence from the witness box and you can both be cross examined. The social worker will also be required to do this. If you have witnesses you need to let the court know about them as they would have to make statements and be prepared to attend court to be cross examined. However, only witnesses relevant to the case are likely to be allowed by the court.

The case before the court, I assume, will be to decide whether the children should remain living with their father under a child arrangement order or with you. The judge will decide after considering all the evidence what is best for the children. The children’s welfare is the court’s paramount consideration in cases such as this one.

As you do not have a solicitor representing you, I suggest that you contact Coram Children’s Legal Centre (Child Law Advice) on 0300 330 5480 as this is the organisation that provides advice in respect of private law proceedings. You could also contact the Bar Pro Bono unit to see if you can get assistance with representation from them.

I hope this is helpful.

Best wishes

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