What is going to be the final decision??What will the judge look at most importantly

Bex4502
Posts: 18
Joined: Tue Oct 18, 2016 5:54 pm

What is going to be the final decision??What will the judge look at most importantly

Postby Bex4502 » Wed Feb 01, 2017 5:06 pm

Hi my daughter is living with her father till March and this has been since December last year.For anyone reading this is because I got involved with a man that was in jail for sexual assault (not on a child) and social services found out then told her dad.At the moment I'm thinking in what way is this going to end..is she liable coming back to me or staying with her dad?
Her dad really wants to keep her there permanently and will probably say anything to keep her there.At the moment a section 7 report is being written and feel that the meetings all went well my daughter however is in week 3 of her new school and doesn't really like it...she wants to come back home where she belongs.
I don't have anything to do with the ex anymore so just wanted to see if anyone has any opinions or been in the same situation as me for advice...I just have no idea on what the judge will be looking at when its the court date in March.Will he choose me or her father.......thanks

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Suzie, FRG Adviser
Posts: 1493
Joined: Mon Jul 04, 2011 2:57 pm

Re: What is going to be the final decision??What will the judge look at most importantly

Postby Suzie, FRG Adviser » Mon Feb 06, 2017 1:03 pm

Dear Bex4502

The judge will make his/ her decision by deciding what is in the best interests of your daughter. To help him make this decision he will be guided by the welfare checklist .

As you can see from this list, the social worker will certainly need to consider your daughter’s wishes and feelings-depending on how mature she is.

However, even though your daughter wants to come home to you, this might not happen if it will put her at risk of sexual abuse or witnessing you being domestically or sexually abused.
Would your daughter be safe from sexual abuse? Can you protect your daughter? Do you understand how she might have been at risk from your exe? Did you do any courses about sexual offenders and risks to children? Is your exe completely out of the picture? Can your daughter be enrolled onto self- protect courses?

If the risk of sexual abuse remains, it is unlikely that your daughter will return to live with you.

The status quo-what is your daughter use to? She has lived with you for most of her life. But is she settling with dad? Have you checked about schooling where you live? Is there a place available in her old school?
How much contact and what type of contact have you been having?

The section 7 report that is being prepared by children services and will be the courts “eye and ears”. A lot of weight will be put on this report by the judge.

If the social worker decided against your daughter returning to you, as private law advice is not in our remit, I strongly advise you seek urgent advice from a children law solicitor or seek from Coram Children’s legal centre or Right of Women, if you have not already done so. Please see the links on my last posts to you.

Best wishes,

Suzie

Bex4502
Posts: 18
Joined: Tue Oct 18, 2016 5:54 pm

Re: What is going to be the final decision??What will the judge look at most importantly

Postby Bex4502 » Mon Feb 13, 2017 3:15 pm

Hi Suzie.. No I'm not with that person anymore.She is settling well at her dad's but still wants to come home plus she doesn't like the school there.


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