Family courts

[Whiss003]

My children have been placed into Foster care for the time being until my case goes to trial, there are currently 6 suspects who could have hurt my baby I am one of them even though they are my world and I would never hurt them. My main question is what happens at court if they can not prove who done it will my children be taken away for ever or will I get my babies back I'm struggling so much its been 3 months and still have another 4 till trial

[Suzie, FRG Adviser]

Dear Whiss003

Welcome to the parents’ discussion forum and thank you for posting.

My name is Suzie, online adviser at Family Rights Group. I see from your post that you are involved in court proceedings relating to your children and you are understandably very concerned about the possible outcome for you and your children.

Being in care proceedings is, am sure, a very distressing time and I will try to respond to your post to help you have a better understanding of the process. The likelihood is you have a solicitor representing you and it is important that you work closely with your solicitor who has all the information about your case.

From your post, it appears that your baby suffered what is considered a non-accidental injury and now the court must try and find out who out of the 6 people in what is called the pool of perpetrators may have caused this injury. This will be done through a factfinding hearing. The judge will look at all the evidence, medical and otherwise as well as hearing evidence from witnesses and decide. Sometimes the outcome of this kind of hearing may be that no one person was responsible so all person would remain in the pool. If the judge makes a finding of fact that one or more person caused the injury, even if that is you, the question then will be whether the person accepts the findings made by the court. This can often be important as to how decisions are made about the children's future care.

It is not possible to say without knowing all the concerns in the case to say what the decision will be for your children. The judge will make the decision based on what is considered best for the children.

As you may have been advised already, care proceedings can take 6 months from the first hearing. If more time is needed to get evidence the court needs to decide this time can be extended. This will be for the judge to decide.

You should do your best to cooperate and engage with children’s services.

Please read the information about care proceedings s which will, I think, help you to understand the court process better.

You may also find it helpful to read our guide about working with your solicitor

Should you wish to speak to an adviser on our free, confidential advice line, please telephone on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday (except Bank Holidays).

I hope this information is helpful.

Best wishes

Suzie