Going to Court

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Moonlight
Posts: 22
Joined: Thu Jan 10, 2019 4:12 pm

Going to Court

Post by Moonlight » Thu Feb 07, 2019 12:23 am

Hi All,

I've been informed this morning that LA are taking me to court on the 21st. They are going for a Interium Supervison Order of my 22 month old little girl (who is under a section 20) and a Child Arrangement Order or Care Order of my 8 year old son (who is with his grandmother).
A Guardian is coming to watch me with my little girl at contact tomorrow.... What is a guardian????
Also I've had no paper work at all from anyone regard this SW said it was sent to my solicitor not last week but week before..... solicitor not had anything!!!!
Please can someone tell me what is ment to be happening......
Thanks xxx

Moonlight
Posts: 22
Joined: Thu Jan 10, 2019 4:12 pm

What does a Guardian do??

Post by Moonlight » Thu Feb 07, 2019 10:52 am

Hi All,
I am meeting the Guadian today at contact with my Daughter. She said that she will just sit in the back ground thoughout our contact.
Any advise please? I'm getting really nervous!!!

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Suzie, FRG Adviser
Posts: 2285
Joined: Mon Jul 04, 2011 2:57 pm

Re: Going to Court

Post by Suzie, FRG Adviser » Mon Feb 11, 2019 3:34 pm

Dear Moonlight

Thank you for your further posts. I am sorry that we have not been able to respond to you before now. I know from your posts on other threads that this is a very difficult time for you and also that you have been struggling to get through to speak to an adviser on the helpline. I understand how frustrating this can be. We are receiving a very high volume of calls and posts at the moment but do keep trying if you want to speak to one of the advice team.

You are now in care proceedings with a court date set for the 21st. I think you posted previously that your daughter was in (unrelated) foster care under a voluntary arrangement (section 20). Is this still the case? And if so are the local authority definitely applying for an interim supervision order (ISO) and not an interim care order (ICO)? If they are seeking an ISO then this may be because there is a plan to return your daughter to your care but that children’ services want to be able to continue to monitor how you care for your daughter until a permanent decision or order is made? If they were asking the court to make an order so that your daughter remains in foster care and to give them parental responsibility then they would seek an interim care order. It is a good idea to check this out fully with your solicitor so that you are very clear about what the local authority are seeking and why so that your solicitor can advise you more fully on this. If an ISO is proposed then there would need to be a focused plan around what this would involve so you would need to make sure that you know and discuss with your solicitor what this would involve.

Your solicitor should also be able to chase up the local authority’s legal department about any outstanding documents.

The Independent Reviewing Officer (IRO) responsible for monitoring your children’s care plans is also a key person in terms of the care planning for them so do make sure you are properly involved in the looked after child review processes and contact the IRO if not.

There is a big difference between the court making a Child Arrangement Order (CAO) or Special Guardianship Order (SGO) to your son’s grandmother or making an interim care order or later a full care order to the local authority as it would mean either that grandmother acquires parental responsibility (PR) under a CAO/SGO or the local authority do (ICO or CO). An order giving the local authority PR would mean that, although this is shared with you and social workers must continue to consult/keep you informed, they would also be able to make decisions about your child that you disagree with and it would put them in the 'driving seat'.

We have some tips on working with a solicitor which you might find helpful as well as lots of information about care proceedings including this information about care proceedings and a detailed Care (and related) proceedings advice sheet. Hopefully these materials will inform you about the different court orders and how your children’s cases should be managed.

The children’s Guardian was due to observe you spending time with your daughter last week and you were anxious about that. I hope that it went well and that you and your daughter had a positive time together without you feeling too pressurised. Did the Guardian give you any feedback afterwards that you can work with? Here is some information about the role of the Guardian.

I can see from your earlier posts that you have been cooperating and trying to address the difficulties you have. Keep this up and continue to engage with the different professionals and be clear about what their expectations of you are.

If you have any further queries please do post again.

With best wishes

Suzie
FRG online adviser

Moonlight
Posts: 22
Joined: Thu Jan 10, 2019 4:12 pm

Re: Proceedings Paper Work

Post by Moonlight » Mon Feb 25, 2019 5:05 pm

Hi,
Does any1 know that the rules r 4 SW about who to give it to and within what time scale does she have to give the paper work / evidence for 1st court date proceedings for Interim Care Order.

Thanks. X

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Suzie, FRG Adviser
Posts: 2285
Joined: Mon Jul 04, 2011 2:57 pm

Re: Going to Court

Post by Suzie, FRG Adviser » Fri Mar 01, 2019 5:26 pm

Dear Moonlight

Thanks for your post.

In answer to your question about whether evidence or paperwork has to be provided in a specific timescale when children’s services issue proceedings for a care order, there will be documents submitted to the court with the application. Also, if you have a solicitor they will be sent to your solicitor prior to the hearing or, if not, directly to the parent.

Please read our advice sheet relating to Care (and related) proceedings which provides information on the court procedures.

Should you wish to speak to an adviser, you can telephone our advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday.

Hope this helps.

Best wishes

Suzie

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