Hello I need some advise
To cut a long story short .. Thursday afternoon my son was at nursery and they rang me to ask about a mark on his head which appeared to be a rash .. Now it's said to be a bruise.
My partner (not child's son). Has my son in the morning as I started work at 6.. So he had taken him to nursery for 7:45am.. He doesn't know how he got the mark and nursery are saying he didn't get it there .. So I took him to the doctors who rang social services and said she had to because she didn't know what it was and nobody knew where it come from. The mark wasn't there when I went to work at 6am as he was in the car taking me to work as he'd awoken with my alarm at 4:30am
Anyway I was told my son had to go to his dad's.. He's there now and has been since Friday and I've not seen my son ,,
I know she wasn't legally aloud to say I couldn't see him unsupervised yet as she didn't have a court order .. I have residancy over the dad.. And I know I can just go and get him!..
After the strategy meeting on Monday
She said it's going to court and police are going to investigate ...I said but I can legally just go and get him but she said then they will issue emergency order
It could take 26 weeks!.. His dad is being a complete idiot over it and saying I can only see my son 2 hours a day every 2 days and that's with him being there not even my mum or sister!.. When they have signed agreements! But I can have him Xmas day with my mum 10-2pm! And she isn't being very helpful at all!.. Because now it's Christmas leave!.. Well I'm glad someone can have a nice Christmas
My heart is breaking and I don't know what to do!..
I feel like just giving up my life isn't worth living without him!
Social services?. And access to my son? Court proceedings
-
Suzie, FRG Adviser
- Posts: 4234
- Joined: Mon Jul 04, 2011 2:57 pm
Re: Social services?. And access to my son? Court proceedings
Dear Sophiarachel19
Welcome to the Family Rights Group Parents’ Forum.
My name is Suzie and I am an Adviser at Family Rights Group. I am so sorry that your son has been removed from your care following a referral being made to Children Services by your GP.
It must be very upsetting for you to be separated from your son but please do not think of giving up. Although you may find it difficult, I suggest that you try your best to engage and work with children services in order to have the best outcome for you and your son.
As Children Services received a referral that your son had been hurt, they have a duty to investigate the situation. Once the referral is received they have one day to decide what action they will take. If it is considered that the child is at risk of harm then immediate steps can be taken to ensure that child is safe this can include applying to the court for an Emergency Protection Order. A decision will be made at a strategy meeting (which includes other professionals e.g police, school/nursery) what assessment will be carried out, this is could to be s.47 child protection enquiries if child is at risk of harm or s.17 . child in need assessment
I am including a copy of our advice sheet about child protection procedures for your information. You should be told by the social worker what assessment they intend to carry out. Sometimes depending on the particular case, children services can decide to make the application to court because of their concerns about the child.
If the social worker has not had an opportunity to speak with your son, may want to speak with him before you have contact. This could be because there is a worry that you could influence what your child say to the social worker. Having said that, you should be able to have contact with your son and you should ask the social worker to arrange for this to happen as soon as possible. It must be upsetting to your son not seeing you and the social worker should consider his wishes and feelings. Contact is for the benefit of the child.
You say that the social worker need a court order to be able to say contact has to be supervised. This is not the case where child protection enquiries are being undertaken. Do you have a residence order or child arrangement order for your son to live with you? If not, and his father shares parental responsibility (if he is on your son’s birth certificate or you were married to each other, or the court granted him an order), he has the same right for him to live with him as you do. It is correct to say that you could remove him from his father’s care but this could lead to children Services applying to the court for an Emergency Protection Order or interim care order. If they were granted a court order, then Children Services would have parental responsibility for your son.
Alternatively, he could be removed from you by the police if he is considered to be at immediate risk, this can be for up to 72 hours. Children Services could then apply to the court if you did not agree to him being accommodated i.e remaining in foster care or with a family member.
As your son has an injury for which there is no explanation, this might be seen to be a non- accidental injury. It will be for the court to decide who may have caused the injury by having a fact finding hearing as part of the care proceedings.
The 26 weeks timescale relates to the care proceedings which have to be completed within this time unless there are exceptional circumstances and the judge will decide if the case should be extended. A copy of our advice sheet about care proceedings is here for your information.
Regarding the amount of contact you are having at the moment, I suggest that you speak to the social worker about it, it is important for your son to have good contact with you as you have been his primary carer. Is there a written agreement by children services for the contact you are having now? If there is ask for it to be reviewed. Although not ideal, it is good that you will be able to see your son on Christmas Day.
Should you wish to speak to an Adviser, please do call our advice line on 0808 801 0366. The advice line is open from 9.30 a.m. to 3.00 p.m. Monday to Friday.
I hope you find this helpful
Best wishes
Suzie
Welcome to the Family Rights Group Parents’ Forum.
My name is Suzie and I am an Adviser at Family Rights Group. I am so sorry that your son has been removed from your care following a referral being made to Children Services by your GP.
It must be very upsetting for you to be separated from your son but please do not think of giving up. Although you may find it difficult, I suggest that you try your best to engage and work with children services in order to have the best outcome for you and your son.
As Children Services received a referral that your son had been hurt, they have a duty to investigate the situation. Once the referral is received they have one day to decide what action they will take. If it is considered that the child is at risk of harm then immediate steps can be taken to ensure that child is safe this can include applying to the court for an Emergency Protection Order. A decision will be made at a strategy meeting (which includes other professionals e.g police, school/nursery) what assessment will be carried out, this is could to be s.47 child protection enquiries if child is at risk of harm or s.17 . child in need assessment
I am including a copy of our advice sheet about child protection procedures for your information. You should be told by the social worker what assessment they intend to carry out. Sometimes depending on the particular case, children services can decide to make the application to court because of their concerns about the child.
If the social worker has not had an opportunity to speak with your son, may want to speak with him before you have contact. This could be because there is a worry that you could influence what your child say to the social worker. Having said that, you should be able to have contact with your son and you should ask the social worker to arrange for this to happen as soon as possible. It must be upsetting to your son not seeing you and the social worker should consider his wishes and feelings. Contact is for the benefit of the child.
You say that the social worker need a court order to be able to say contact has to be supervised. This is not the case where child protection enquiries are being undertaken. Do you have a residence order or child arrangement order for your son to live with you? If not, and his father shares parental responsibility (if he is on your son’s birth certificate or you were married to each other, or the court granted him an order), he has the same right for him to live with him as you do. It is correct to say that you could remove him from his father’s care but this could lead to children Services applying to the court for an Emergency Protection Order or interim care order. If they were granted a court order, then Children Services would have parental responsibility for your son.
Alternatively, he could be removed from you by the police if he is considered to be at immediate risk, this can be for up to 72 hours. Children Services could then apply to the court if you did not agree to him being accommodated i.e remaining in foster care or with a family member.
As your son has an injury for which there is no explanation, this might be seen to be a non- accidental injury. It will be for the court to decide who may have caused the injury by having a fact finding hearing as part of the care proceedings.
The 26 weeks timescale relates to the care proceedings which have to be completed within this time unless there are exceptional circumstances and the judge will decide if the case should be extended. A copy of our advice sheet about care proceedings is here for your information.
Regarding the amount of contact you are having at the moment, I suggest that you speak to the social worker about it, it is important for your son to have good contact with you as you have been his primary carer. Is there a written agreement by children services for the contact you are having now? If there is ask for it to be reviewed. Although not ideal, it is good that you will be able to see your son on Christmas Day.
Should you wish to speak to an Adviser, please do call our advice line on 0808 801 0366. The advice line is open from 9.30 a.m. to 3.00 p.m. Monday to Friday.
I hope you find this helpful
Best wishes
Suzie
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