Advice On Having A Second Child...

[-Minxy-]

Hello All,
My first son was put into short term foster care after 4/6weeks old. He was in care for just over 1year. Family court proceedings finished, he was then given to my mum and dad on an SGO. This means he is to be in their care until he's 18?
We now see he more regularly because they have been discharged from ss. We don't have to see him in a contact centre anymore which is great. It was the best outcome at court as he could of been adopted out and we would never of seen him again.
Me and hubby were on bail the whole time and only just been given a decision from cps. They decided no further action..we knew we were innocent and our sons injuries were caused during my emergency cesarean.
Anyways cut the LONG story short, hubby and I have decided we cannot live without our son seen as we are innocent, we would like to go on to have another child! We haven't been given anything in writing to say whether we are allowed children together again? It seems a big risk if it's taken as soon as it's born, can this happen? I have watched many of the panorama programmes and they are devastating! If we went on to having the second child would this not prove something and be in the first child's best interest to return home to bond with his sibling?

HELP???

[Murray72]

If your thinking of having another child these are the things you need to consider:

How long ago did these events take place?
Do you have medical evidence that the injuries were caused at birth?
Did CPS decide on no further action ?
Did CS do a finding of fact against you or husband?
I would urge you to be realistic when considering another child and if you have a good relationship with your GP speak to them. They may hold vital information regarding the sharing of information with CS. (only if you trust them!!)

And if you decide to go ahead CS will probably become involved with your life once more at the very least to carry out a pre-birth assessment and at worst to make decisions regarding the safe guarding of the new baby.

I hope this helps a little.

[Suzie, FRG Adviser]

Dear Minxy,

Welcome to the parents forum. I am sorry to hear about your baby suffering harm at such an early age. I am glad that your baby was able to live with your parents and that it has been agreed that it is safe enough for your contact with baby to be moved out of a contact centre.

Murray has given you a very helpful checklist. She has recommended caution and seeking advice from your GP.
I agree that the medical evidence would have been crucial.

You could also contact your solicitor for advice. Have you got a copy of the courts judgment setting out why the care order was made? This will set out all the factors that the court considered and the reasoning of the judge. You should be able to get a copy of this from your solicitor. Was there any recommendations made? Was there a fact finding hearing? What facts, if any, were found against you? What about the guardians report? Was the issue of the non accidental injury the only issue or were there other factors that were relevant? Your solicitor will also be aware of the recent case law around non accidental injuries.

Children services will also look at your current contact with your baby. Has there been a recent risk assessment showing reduced risk to baby?

It was good news that the CPS decided not to prosecute. However, to get a conviction against you they must prove “beyond reasonable doubt” that you committed the offence. This is very difficult to do.
For children services, the balance of proof is the lot lower “balance of probabilities.” This is a lot lower than that needed for a criminal conviction. Often the police will drop a case against a parent but children services will still be able to get a care order because of this lower balance of proof.
As Murray says, at the very least there will be a pre birth assessment -with the likelihood that your unborn baby’s name will go on a child protection plan.
If during their pre birth assessment, children services have reasonable cause to believe that your baby will suffer significant harm, they will then consider issuing care proceedings.

For further advice, please post again or you for in depth advice and support you could also call our advice line on 0808 808 0366.
Best wishes,
Suzie

[-Minxy-]

Thanks For The Replies Peeps!
Events Meaning Court Proceedings? If So Only Finished In May This Year, Went On A Year! me And Hubby Were On Bail The Whole Year!
We Have No Evidence To Say It Happened At Birth But Also No Evidence To Say It Was Either Of Us!
CPS Recently Contacted Us With No Further Action Yes!
No Findings Were Against Us Apart From We Must Of Done It Because We're The Parents!?

What Do You Mean By Seeing GP To See If They Have Any Relevant Information? I'm Not With The Same Doctors As My Son Now As Me And Hubby Moved Towns...

I Have No Worries About SS Being Involved With My Life Again As I'm Innocent And Have Nothing To Hide, Never Have!

As For The Judgment There Was No Mention Of Not Being Allowed Any Children In The Future With Or Without Eachother?