Section 9

[Situps]

Hi all.
I have fought since 2015 through the court system and the children were removed from my care and into Foster care which then they got placed with grandparents and then got placed with dad and step mum. My contact was refused by step mum in 2018 so had to start the court process again. It's been a long hard slog. My son became seriously ill in her care. Dad was at work and left parenting to her. She stopped me from seeing my son through his life changing operations. She managed to get PR from a social worker through court in 2017.

Step mum and dad split up in June last year and she kept all 3 of my kids and wouldn't let me see them. I my son got diagnosed with cancer and needed treatment this woman was just nasty. My son was 15 and dad wasn't sticking up for our children. She stopped me seeing my kids again aged 15 and 13 while their dad was away with our son having cancer treatment.

I got so stressed but she became nastier so I applied to court in September 2021 for PR to be taken off her and the children to be returned to myself whilst dad was away. I also wanted to be able to spend time with my very sick son (15yrs) while he was away. Court took ages to get through and Cafcass became assigned who carried out phone assessments. Later that day she delivered my 13yr old to me at 10pm with no clothes or belongings. Saying she had enough.

Anyway fast forward to my problem the circumstances are much different now. My son has finished treatment and his dad has his own house now. My children live with dad in the week and stay every weekend with me. We have had a social. Who carried a section 7 and is happy with these arrangements and we had a. Virtual court hearing last month to finish proceedings. Unfortunately the judge.became very angry with us all and stated that this is a farce. I could not hear the judge properly which made him have to repeat everything over and over again. He ended up shouting at me about why I want a section 9 on my 16yrs old son... I explained I didn't know what that meant. He just kept shouting at me section 9 why??... I was nervous and did not understand. Stepmum was named in the proceedings as she was part of the problem but the judge called her and she refused to be part of it. The children's dad turned up. To the virtual court hearing 15mins late which also annoyed the judge. My son turned 16 in February whereas he was 15 when I applied.

The judge has stated that court is to take part next week and this needs sorting out but I've tried to research section 9 and don't understand it. I'm scared he is just going to get mad at me again because I am just a parent. Please help

[Suzie, FRG Adviser]

Dear Situps

Thank you for your post and your question.

The judge may be referring to Section 9 of the Children Act 1989, and possibly point number 7. Here it is below and here is the link.

Restrictions on making section 8 orders.
(7) No court shall make any section 8 order, other than one varying or discharging such an order, with respect to a child who has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.

If you need help Support Through Court may be able to support you and to find a solicitor go to the Law Society’s website, here.

Best wishes

Suzie