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Family and criminal court over. What next?

Posted: Sun May 26, 2019 7:51 pm
by MHmumma
Hi. I’ve never done this before but desperate for advice. Both my kids are under an sgo to my mum and I live with them so do everything. My sons father was convicted of causing facial bruising to my daughter (she has a different dad who is a waste of space and should’ve been the one convicted). Anyway the incident happened in 2016 and he was only convicted this year. He got 18 months has to serve 9. My question is once he’s released is there any chance of us being a family? Family court stipulated he had to do a parenting course which he is doing. He had regular contact with our son “supervised” by his mum, since being convicted it has been me and my mum taking our son to see him regularly. And there is nothing in the sgo or the previous court order that says he can’t have contact with my daughter. My worry is he’s currently focused and motivated in improving his life and being a family. His family have disowned me and our son and If that continues they will be strangers to our son and I don’t think they should be “supervising” or involved in our sons life. Hope this makes sense and hope someone can advise. I just don’t know what if anything I can do. Thanks x

Re: Family and criminal court over. What next?

Posted: Wed Jul 03, 2019 2:23 pm
by Suzie, FRG Adviser
Dear MHmumma

Thanks for posting and welcome to the parents’ discussion board.

I am sorry that you did not receive a response to your post sooner due to volume of work.

You have posted that your son’s father is currently serving a sentence of injury to your daughter. You wish to know whether following his release you will be able to be a family again. It is not clear from your post whether you all lived together in your mum’s home prior to his conviction.

Your mother now has special guardianship orders for both your children. This means that she will be caring for them as special guardian until they are 18 unless the special guardianship order is discharged by the court.

Since your partner has been convicted of causing an injury to your daughter this would be a concern for children’s services as he is likely to be considered a risk to children. There would have to be full risk assessment of you both. I say both because you would need to show that you are able to protect your children and put their needs first.

Whether or not you are able to be with your son’s will be something that you have to consider but this is unlikely to be with the children who are going to be living with their grandmother. If you and your partner decides that you want the children back in your care then you would have to apply to the court and children’s services will have an opportunity to give their views about whether or not it would be in the children’s interests to live with you both.

At present, your mother is supporting contact with both children so you are able to play a role in their lives. As the special guardian she is the one who can make decisions about the children now. Please see our advice sheet Special Guardianship: what does it mean for birth parents? which you might find helpful.

Regarding your partner’s family, if they do not wish to have contact with his son, then there is not really very much you can do about that. It is for them to decide what kind of relationship they wish to have with him. I imagine that his mother was supervising contact in the past because there was ongoing court proceedings involving him.

Should you wish to speak to an adviser 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.

I hope this helps.

Best wishes

Suzie