Saraheve wrote:Hi i will look further into it, if they take baby away I won't get my son back.
Is their anything I can do. I've done so much to address all concerns, social services admit their is no current concerns but based on past concerns they still want to take me to court. Is their anything I can do. If I get upset and began social services not to do this their only going to use it against me and say i have mental health issues. I don't know what to do or how to act with them. Any advice.
I see that you have had a number of posts under different discussion topics and am pleased that you are able to get support from others on the forum.
Having had your son removed from your care is clearly very difficult for you as well as the worry regarding the baby you are expecting.
As previously suggested, it is really important that you continue to work with and engage with children services. You have to show that you have an understanding of the concerns which led to care proceedings being brought in the first place. It is also important that you try to focus on enjoying contact with your son and putting his needs to be settled in his current placement first although I know how much you want him back home with you. Putting his needs before your own will demonstrate that you understand what is best for him at this time.
Having said that, it does not diminish your wish to have both your children with you. The important thing for you is to continue to work to address the concerns the existed at the time the care order was made so that you can show the court that there have been significant changes made by you. You say that there are no concerns now but children services are still intending to take you to court. The court is unlikely to make a care order in respect of your baby if there are no concerns and the threshold cannot be met. The court can only make the order if the threshold is met as I am sure your solicitor has advised you.
The 'threshold criteria' means that:
at the time Children’s Services first got involved in protecting your child, s/he was suffering or was likely to suffer significant harm; and that
• the harm was due to the care being given to your child before the case started not being ‘what it would be reasonable to expect a parent to give to him/her’ or because s/he was out of your control.
Harm in this context includes children witnessing violence or the ‘ill-treatment’ of another person in your home.
If the court finds that the threshold criteria have been proved, it should only make an order if it believes that it will help your child. In most cases, the court will look at whether:
• it thinks that the harm or risk of harm is likely to happen again; and
• you have been willing and able to take steps to change in time
If the court believes an order should be made, it will decide what is in your child’s best interests according to the ‘welfare principle
Focusing on your baby does not mean that you forget about your son but you do need to get yourself to a position where children services and, the court, if an application is made considers that you are able to care for your baby. In time, you will be able to apply to the court to discharge the care order in respect of your son but if you are thought to be ‘rigid’ in your thinking then this will not help your situation now.
I am including a copy of our advice sheet
about care proceedings here for your further information. Please also read our advice sheet about reuniting children with families.
You may find it helpful to read our frequently asked questions here
about ensuring that a child is not removed when one child has been removed
I hope you find this helpful but should you wish to speak to an adviser, please do telephone our free, confidential advice line on 0808 801 0366. The advice line is open from 9.30 a.m. to 3.00 p.m. Monday to Friday.