Going to court to reverse/discharge a SGO
Posted: Tue Mar 01, 2016 10:10 pm
Hello.
This is my first post as I need as much information as possible...
I have talked to a solicitor briefly today and got the basics covered - what I need to fill in, who I need to talk to etc - and I am to phone tomorrow to book an appointment with him, 1 hour free. I will be going in with all my paperwork (but not the actually order as I didn't receive it, and didn't realise until 4 years later. My mum may have a copy, she needs to check) so he can help a little more.
But, right. I'll start...
I dated a guy in 2008-2010. Pregnant in 2009, baby the next year and I was 19. Few months after the birth, my partner became violent. He was abuse to me, he drank, he had a past that he down played to me. Social Services got involved when my boy was a few months old and I tried my hardest to keep him, but my paretns were granted an SGO.
Social Services said that:
1. I was a drugged-up alcoholic - I have never touched ANY drugs, and do not drink to any crazy extent. This was, finally ,taken out of their report.
2. I had depression - I had post natal depression, was taking medication for it. But they refused to acknowledge it was PND until right near the end. Finally, they changed it to PND and dissmissed it all together.
3. Low self-esteem - well ,I was being abused, lost my child and lost my partner. I was made homeless as I couldn't move in with my parents and couldn't afford where I had been living. I was also a few months into a college course. A lot of stress.
4. Low confidence - Again, I was being abused, no friends, lost my child, lost my partner.....
5. Social Services stats say that women in violent relationships were more than likely to return to the partner or go into another violent relationship.
I have not been in another violent relationship, there was one boy that thougt he could control what I wore, who I saw etc, he was thrown out within about 2 months. I am now in a committed relationship, we live together, thinking of babies and marriage.
I have been to Freedom Programme, and went to CBT who then referred me to counselling as she said CBT was not for me, and then the counsellor said I just have a lot going on and it will all sort itself out and then it should be fine. This was in 2012 I believe (After self-refering myself as SS said they would, year and few months I contacted the centre and they had heard nothing, I then went to my Drs to refer me but he said he wouldn't as he doesn't believe I needed it..so self-referral).
From Feb 2011 I was living with my parents and son full time. I then finished college and I am now nearly finished university (since I started I lived away, uni halls and now my own flat with my partner).
I have had no contact with his father for 5 years, he has not seen our son since he was 1 year and possible 3/4 months old. The court have said he is not allowed any contact with our son (unsure if his parental rights have been taken away, but he is on the birth certificate) until he changes or our son turns 18 when it's then up to our son. Instead, he's off with his new "fiance" and baby.
Questions:
1. What sort of information would I need to take into court with me?
2. Could I represent myself?
3. If no to 2, where can I go to help fund a solicitor - the one I have found does not accept legal aid, and charges £230ph!! I haven't got that kind of money.
4. Do I have to notify my sons father that I am going back to court?
5. What would happen if I was to get pregnant under the SGO - would my newborn be taken off me? Would social services get involved and look at my current situation?
6. What do I do if they say no? Can I appeal?
Sorry if it's such a long post, but I need all the information I can get. Unsure how much info I can get in the free hour.
Many Thanks
x
This is my first post as I need as much information as possible...
I have talked to a solicitor briefly today and got the basics covered - what I need to fill in, who I need to talk to etc - and I am to phone tomorrow to book an appointment with him, 1 hour free. I will be going in with all my paperwork (but not the actually order as I didn't receive it, and didn't realise until 4 years later. My mum may have a copy, she needs to check) so he can help a little more.
But, right. I'll start...
I dated a guy in 2008-2010. Pregnant in 2009, baby the next year and I was 19. Few months after the birth, my partner became violent. He was abuse to me, he drank, he had a past that he down played to me. Social Services got involved when my boy was a few months old and I tried my hardest to keep him, but my paretns were granted an SGO.
Social Services said that:
1. I was a drugged-up alcoholic - I have never touched ANY drugs, and do not drink to any crazy extent. This was, finally ,taken out of their report.
2. I had depression - I had post natal depression, was taking medication for it. But they refused to acknowledge it was PND until right near the end. Finally, they changed it to PND and dissmissed it all together.
3. Low self-esteem - well ,I was being abused, lost my child and lost my partner. I was made homeless as I couldn't move in with my parents and couldn't afford where I had been living. I was also a few months into a college course. A lot of stress.
4. Low confidence - Again, I was being abused, no friends, lost my child, lost my partner.....
5. Social Services stats say that women in violent relationships were more than likely to return to the partner or go into another violent relationship.
I have not been in another violent relationship, there was one boy that thougt he could control what I wore, who I saw etc, he was thrown out within about 2 months. I am now in a committed relationship, we live together, thinking of babies and marriage.
I have been to Freedom Programme, and went to CBT who then referred me to counselling as she said CBT was not for me, and then the counsellor said I just have a lot going on and it will all sort itself out and then it should be fine. This was in 2012 I believe (After self-refering myself as SS said they would, year and few months I contacted the centre and they had heard nothing, I then went to my Drs to refer me but he said he wouldn't as he doesn't believe I needed it..so self-referral).
From Feb 2011 I was living with my parents and son full time. I then finished college and I am now nearly finished university (since I started I lived away, uni halls and now my own flat with my partner).
I have had no contact with his father for 5 years, he has not seen our son since he was 1 year and possible 3/4 months old. The court have said he is not allowed any contact with our son (unsure if his parental rights have been taken away, but he is on the birth certificate) until he changes or our son turns 18 when it's then up to our son. Instead, he's off with his new "fiance" and baby.
Questions:
1. What sort of information would I need to take into court with me?
2. Could I represent myself?
3. If no to 2, where can I go to help fund a solicitor - the one I have found does not accept legal aid, and charges £230ph!! I haven't got that kind of money.
4. Do I have to notify my sons father that I am going back to court?
5. What would happen if I was to get pregnant under the SGO - would my newborn be taken off me? Would social services get involved and look at my current situation?
6. What do I do if they say no? Can I appeal?
Sorry if it's such a long post, but I need all the information I can get. Unsure how much info I can get in the free hour.
Many Thanks
x