Can i take myself to court?

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darrenv60
Posts: 6
Joined: Sat Dec 12, 2015 1:01 am

Can i take myself to court?

Post by darrenv60 » Fri Jul 08, 2016 2:27 pm

Hi im a single dad and posted a few week's ago in a different section of this site about social services still investigating me and saying that although the accusation against me was dropped by the police they still need to investigate it so im still not allowed to be unsupervised with my daughter and even if they take no further action on this case i will still have to inform them if i have any contact with my other children, niece's or nephew's in the future as an accusation has been made. So my question is can i take it to court my self? Can i apply for a FINDING OF FACTS hearing myself? Or is there anything else i can do to prove my innocence as i don't want this affecting me and my daughter for the rest of our life's. Many thanks in advance, Darren

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Suzie, FRG Adviser
Posts: 4207
Joined: Mon Jul 04, 2011 2:57 pm

Re: Can i take myself to court?

Post by Suzie, FRG Adviser » Wed Jul 20, 2016 3:05 pm

Dear Darren,

Thank you for posting back.

While children services are carrying out an assessment of your risk to your daughter, I would expect them to be very cautious as they would not know your risk. So supervised contact is the norm in these circumstances.

However, by the end of the assessment there may be a different decision. Has the assessment of you been completed? Have you been given a copy of it?
In my last response to you I suggested that you write to the social worker and copy in the team manager and service manager. You were worried that the social worker was making decisions about your future contact with children before the risk assessment had been completed. Did you manage to do this? If so, was the outcome favourable?

In respect of your question about applying to court-yes you could apply for a child arrangement order for contact. If the allegation was still live, then the court may want a fact finding hearing.
However, you need to be mindful that the balance of proof in the family court is a lot lower than in criminal courts. So there could be a higher chance of the court finding against you. I suggest that you wait for the outcome of the assessment and consider your options with your solicitor.

As private law proceedings are not within our remit, you could contact the child law advice line on 0300 330 5480.

Best wishes,

Suzie

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