Hi I need advice

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Sh09
Posts: 4
Joined: Thu May 07, 2020 7:01 pm

Hi I need advice

Post by Sh09 » Sun Jun 21, 2020 10:35 am

Basically my children were staying with their dad as they normally would every weekend, nothing unusual, however as soon as lockdown came into force I got a phone call from the children's dad saying social worker has said kids cannot return back into my care due to allegations that have been made concerning the children. I called ss to see what was going on and my sw said this is the case and I would now have to take the father of my children to court if want to try and get them back. The allegations that have been made against me however keep changing and I have had nothing what so ever on writing over the last 3 months.. Each time I enquire about what allegations have been made I am told its because apparently I let my children play outside on their own, go shopping on their own which is not true, and another allegation is that my partner is a danger to the children but he has no criminal record and iv asked sw about this but they say now he's not the problem, it's just me apparantly I'm a danger to my children.. Now I don't know how to go about this as I want my children back.. I am doing parenting course advised by sw.. But sw is not keeping me updated on anything, there's been no paperwork sent to me regarding allegations etc, everything I'm hearing is through third party only,SW is siding with the kids dad and appears to be making alot of things up about me which are untrue. My children are x year old xxxx.ss have been involved on and off for a year previously. I want my children back but it seems I'm not getting anywhere and I don't even know exactly why they aren't allowed to be in my care , things are not adding up, and I'm not being given answers .. Any help of how I can proceed to get my children back in my care would be gratefully appreciated.
Last edited by Suzie, FRG Adviser on Mon Jun 22, 2020 12:20 pm, edited 1 time in total.
Reason: Post moderated to protect confidentiality.

RPA4
Posts: 1
Joined: Sun Jun 28, 2020 1:35 pm

Re: Hi I need advice

Post by RPA4 » Tue Jun 30, 2020 4:47 pm

Hi , I need advice my situation been going on since January . I don't want to post that information as on going legal . I've been appalled at lack of intrest in not replying to my emails or calls iundetsyand there busy but cosidering they rage ove had soliciters letter . on intended proceedings if they cat sort it out my contact they rang to say someone will be ringing me few days nearly 2 weeks ago from the authority no ones contacted me had no choice to take legel action as had no joy with this service . why are they ignored me basically all that time when it suites them they contact me ithis right nearly reported them to ombudsman they failed me ignored my pleas for help I've done nothing wrong that's why taking it further

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

Re: Hi I need advice

Post by Suzie, FRG Adviser » Wed Jul 01, 2020 2:00 pm

Sar9h wrote:
Sun Jun 21, 2020 10:35 am
Basically my children were staying with their dad as they normally would every weekend, nothing unusual, however as soon as lockdown came into force I got a phone call from the children's dad saying social worker has said kids cannot return back into my care due to allegations that have been made concerning the children. I called ss to see what was going on and my sw said this is the case and I would now have to take the father of my children to court if want to try and get them back. The allegations that have been made against me however keep changing and I have had nothing what so ever on writing over the last 3 months.. Each time I enquire about what allegations have been made I am told its because apparently I let my children play outside on their own, go shopping on their own which is not true, and another allegation is that my partner is a danger to the children but he has no criminal record and iv asked sw about this but they say now he's not the problem, it's just me apparantly I'm a danger to my children.. Now I don't know how to go about this as I want my children back.. I am doing parenting course advised by sw.. But sw is not keeping me updated on anything, there's been no paperwork sent to me regarding allegations etc, everything I'm hearing is through third party only,SW is siding with the kids dad and appears to be making alot of things up about me which are untrue. My children are x year old xxxx.ss have been involved on and off for a year previously. I want my children back but it seems I'm not getting anywhere and I don't even know exactly why they aren't allowed to be in my care , things are not adding up, and I'm not being given answers .. Any help of how I can proceed to get my children back in my care would be gratefully appreciated.
Dear Sar9h

Welcome to the parents’ discussion board and thank you for your post.

I am Suzie, online adviser, at Family Rights Group. From your post it is clear that you are both confused and concerned about the situation you find yourself in at the moment since your children’s father refused to return them to your care.

You do not say whether the arrangements for the children’s contact with their father was an agreement between you or under a court order. If there is no order regarding which parent the children live, then provided their father shares parental responsibility with you, he is as entitled as you are to have the children with him.

The social worker should explain to you whether they intend to take any action about the allegations. If it is the case that you leave your children unsupervised and have no boundaries for them this will be a concern for children’s service as they could be at risk of harm. This could be why it is being said that you are a danger to your children. You have mentioned doing a parenting course which was suggested by the social worker, which suggests concerns about your parenting skills.

However, since children’s services have become involved, they received a referral it seems from the children’s father about what the children told him. Usually, if children’s services receive a referral they would make contact with the person with whom the children live to discuss the allegations and to ensure that the children are safe in the home. Since, in your case, the allegations were made against you, the children were already in their father’s care, children’s services may take the view that the children are safe at the moment.

Please read our advice sheet relating to what should happen when children’s services receives a referral.An introductory guide to Children’s Services

I suggest that you write to the social worker and send a copy of the letter/email to the social worker’s team manager. In the letter you should ask for a clear indication of exactly what concerns children’s services have regarding your care of your children, an explanation of any assessment they intend to carry out and the timescale and for doing so.

If it is the case that children’s services have no concerns about the children being with their father as he is keeping them safe and well, then for you to have the children back you would need to apply to the court for an order that they live with you. This application to the court is a private law case and, as such, you can get advice from Child Law Advice on 0300 330 5480. There is also helpful information on their website.

Just so you understand, the children’s father could make the same application to the court for the children to live with him.

The court will consider all the circumstances and any decision will be made on the basis of the children’s welfare and what is best for them.

I hope you find this helpful but should you wish to speak to an adviser about children’s services involvement, you can telephone our free confidential advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday.

Best wishes

Suzie

Sh09
Posts: 4
Joined: Thu May 07, 2020 7:01 pm

Re: Hi I need advice

Post by Sh09 » Sat Jul 04, 2020 8:30 pm

Thankyou suzie for your advice,
I have tried speaking to the social worker but can never get hold of her, the children's dad has now limited my contact with the children to 2 hours a week. I do feel that allegations have been made by the children's father and his girlfriend against me with regards to letting the children out on their own etc however this is not the case at all.. But how do I prove that the allegations aren't true.. There isn't a court order in place, I have just been told that the children aren't allowed home with me by the children's father, I haven't had anything in writing, no paperwork.. I will write a letter as you advised.

Sh09
Posts: 4
Joined: Thu May 07, 2020 7:01 pm

Re: Hi I need advice

Post by Sh09 » Sat Jul 04, 2020 8:45 pm

I just would like to know if I still have a chance of getting the children back in my care now they are with their father.

Sh09
Posts: 4
Joined: Thu May 07, 2020 7:01 pm

Re: Hi I need advice

Post by Sh09 » Sun Jul 05, 2020 9:41 am

No I have not agreed for any arrangements for my children to be put into anyone else's care.

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

Re: Hi I need advice

Post by Suzie, FRG Adviser » Mon Jul 20, 2020 1:34 pm

RPA4 wrote:
Tue Jun 30, 2020 4:47 pm
Hi , I need advice my situation been going on since January . I don't want to post that information as on going legal . I've been appalled at lack of intrest in not replying to my emails or calls iundetsyand there busy but cosidering they rage ove had soliciters letter . on intended proceedings if they cat sort it out my contact they rang to say someone will be ringing me few days nearly 2 weeks ago from the authority no ones contacted me had no choice to take legel action as had no joy with this service . why are they ignored me basically all that time when it suites them they contact me ithis right nearly reported them to ombudsman they failed me ignored my pleas for help I've done nothing wrong that's why taking it further
Dear RPA4,

Welcome to the Parents Forum. My name is Suzie, FRG’s online adviser. I am sorry to hear that the social worker is not responding to your emails and calls. I can see how frustrating that must be.

Now you have a solicitor, can your solicitor contact children services on your behalf?
If they do not get a response, then they can take the matter further on your behalf. Also, the court will get to hear why you have had to go to court-due to not getting a response from children services.

I hope my advice helps but if you have any questions, please post again or call our free and confidential advice line on 0808 801 0366. (Lines open Monday to Friday 9 am to 3 pm.)

Best wishes,
Suzie

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Suzie, FRG Adviser
Posts: 2684
Joined: Mon Jul 04, 2011 2:57 pm

Re: Hi I need advice

Post by Suzie, FRG Adviser » Mon Jul 20, 2020 2:47 pm

Dear sho09,

Welcome back to the Parent’s Forum.
I am sorry to hear that you have not got any further with children services. I do not think a phone call is enough. Yes do email the social worker and the team manager and ask about the concerns they have regarding your care of the children, whether they are going to assess you and what are the timescales for the assessment. Explain that your contact has been cut to only 2 hours a week and what are their view about this.

You mention your partner is considered by children services to be a danger to children. He has not been convicted so you cannot understand why. A person does not need to be found guilty of an offence to be considered dangerous to children. If there has been an allegation against him by a child, the police may decide not to prosecute as the child may be too young to be a witness or the child may have withdrawn their statement due to fear. A risk assessment may still have been done, so that is why your partner may be considered to be dangerous.

I suggest you contact your local police and ask about the Child Sex Offender Disclosure Scheme (also known as Sarah's Law). This allows you to ask the police whether a particular person who has access to your children has been convicted of, cautioned, reprimanded or warned for child sexual offences. There is a similar scheme for domestic violence perpetrators. If your partner’s name comes up on either scheme, then this will be why children services seem to be supporting dad keeping the children. But still check the position with children services.

You say there are no court orders. As dad is limiting your contact and you want your children returned to you , it seems very likely that you will have to make an application to the Family Court for a Child Arrangements Order for residence and contact with your children.
You will need to have a MIAM mediation appointment first (unless there has been domestic violence or there are other risks). Mediation is where you and dad try to reach an agreement to avoid going to court. Please see the Family Mediation council for advice about whether you must have mediation first.
If mediation did not work, then you will need to apply to court for a child arrangements order.

You ask about the chances of your children coming back into your care. This will depend on what the court decides is in the “best interest” of your children.
The law says the court needs to use the “welfare checklist” to guide it.

For detailed advice about private law proceedings, you could contact he Child Law Advice Service or Rights Of Women.
I hope my advice helps, if you need further advice, please post again or call our advice line.

Best wishes,
Suzie

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