Will I get my child back in March

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

Will I get my child back in March

Postby Bex4502 » Sun Dec 11, 2016 9:58 pm

Hi my child is staying at her father's until a second hearing is made is March.He has made arrangements for her to start a new school in January.
To cut a long story short I got involved with an ex offender and I'm not with him now.I went to court and the judge said that it would be best for her to stay with her dad till March on a temporary basis until a review has been made by the social services.I just wondered how they do the review and make the final decision.My child doesn't want to stay with her dad she wants to come home where all her friends and good school are.The social worker is going to meet her and talk to her my child says she's going to tell her she wants to come home.Will social services listen to her as she is nearly 12.

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

Re: Will I get my child back in March

Postby Suzie, FRG Adviser » Mon Dec 12, 2016 3:10 pm

Dear Bex,

I am sorry to hear that the judge granted dad an interim child arrangements order in respect of your daughter.

This is being reviewed in March after children’s services have submitted their section 7 report based on their assessment of the situation.
The courts make an order based on what they think is in the best interests of your daughter.
To help the judge decide this, the social workers report will address each element of the Welfare checklist .

You will see this list takes into account a child’s wishes and feelings depending on how mature a child is. Given she is nearly 12, I think it likely that some weight will be given to her wishes. But it will depend on the maturity of your daughter.

The welfare checklist, you will see, also looks at the status quo-what is your daughter use to? So schooling, her life with you will carry a lot of weight. Were you meeting her needs before?
But the main concern will be whether you can now protect your daughter from any risk posed by your exe partner. Could you re- unite with him for example?

Do you understand the sexual risk posed by him? What steps have you taken to protect your daughter from him?
What other protective measures will children want you to adopt?
For example, do they want you to do any parent protect programme or other course; change your mobile phone number; call the police if your exe comes to your house?
Ask them-what can I do to be as protective of my daughter as possible?
You could also speak to the advice line at the Lucy Faithfull Foundation (see earlier posts) about how to protect against a possible sexual abuse.


You should receive a copy of the social workers report a few weeks before the March court hearing. Usually, you will be given the opportunity to put in a statement in response to the report. A lot of weight will put on the social workers report by the judge so you will want to be sure that it is accurate and contains all the positives about you as a parent.

As private law proceedings are not in our remit, you could also contact Rights of Women ,
or seek advice from a solicitor who specialises in children law. You can find a solicitor at The Law Society-find a solicitor .
Please post back or call our advice line, if you need further advice.

Best wishes,

Suzie

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

Re: Will I get my child back in March

Postby Bex4502 » Mon Dec 12, 2016 11:39 pm

Hi Suzie thanks for the reply.
No there is no way that we are getting back together me and the ex that is.I feel so sorry for my daughter as she just wants to come home and get back to 'normal' with school and things.
I just wondered why does it take so long to do a report.I guess I will have to look and see what the section 7 report is.
How often will the ss visit me and my daughter during this time we are apart?
Thanks for the advice

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

Re: Will I get my child back in March

Postby Suzie, FRG Adviser » Wed Dec 14, 2016 4:30 pm

Dear Bex4502

As the social worker is doing a section 7 report the timescale is what has been set by the court and the judge usually take account of a social worker’s workload and a standard amount of time is given to do a report.

The social worker will take into account what your daughter says as the court will want to know her wishes and feelings. However, there are other factors that has to be considered as well and your daughter’s welfare is the court’s paramount consideration when considering an application relating to a child and where he or she should live.

I do not think the social worker is likely to visit you a couple of times and you might want to ask that she also see you with your daughter, perhaps when you have contact. The social worker will see your daughter and her father a few times as well. I suggest you make a note of when you see the social worker and how long she spends speaking with you. This might become important information for the court.

My suggestion is that you cooperate fully with the social worker doing the report and concentrate on making him or her aware of how you will be able to safeguard your daughter; and why you think it is best for her to be in your care. Please also look again at the points on the welfare check list which was given in the previous response to your earlier post.

If you do not have a solicitor representing you can contact Coram Children’s Legal Centre – Child Law service on 0300 330 5480 for further advice in respect of the court proceedings.

Best wishes,

Suzie

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

Re: Will I get my child back in March

Postby Bex4502 » Tue Dec 20, 2016 12:10 am

Thankyou
I just feel like a spare part atm..will I get better chances if I have a solicitor with me and do you think I'd get any help with the financial side (legal aid) I'm really not sure but I'll ring the above number and see what they say.Thanks

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

Re: Will I get my child back in March

Postby Bex4502 » Tue Dec 20, 2016 3:49 am

Hi Suzie,
Please can you can answer this important question for me.I am due to see my child on Thursday I am planning on bringing her home without the fathers knowledge will it effect my plea in court?And could the father do anything to get her back?

charmed1
Posts: 125
Joined: Sun May 26, 2013 2:11 pm

Re: Will I get my child back in March

Postby charmed1 » Wed Dec 21, 2016 8:59 am

Dear Bex4502
Do not under any circumstances try and remove your daughter from her father's care. There's a interim residency order by the sounds of it. You'd be in a whole lot of hot water if you did. My ex accused me of kidnap just because I wanted to see my kids and he told me to get out his house and that was without any court order. He now has full residency and I don't see my kids at all now (alienation). It would harm your case. You have to work with these people and the judge makes the decisions, you can't override him/her. Try and stay calm. I know it's hard being Christmas and everything I know but it'll show you are putting your daughter first.

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

Re: Will I get my child back in March

Postby Bex4502 » Fri Dec 23, 2016 10:41 pm

Hi...so in relation to my post about having my child come home in March he is now day 3 at the new school and doesn't like it.
I really hope the social worker can speak to him at some point to get his feelings across not just ours as I just feel so sorry for him :-(


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