Finding of Fact

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Timestocome
Posts: 1
Joined: Wed Oct 03, 2018 11:16 pm

Finding of Fact

Post by Timestocome » Wed Jun 29, 2022 11:47 pm

Hi,
Basically long story short.. years ago there was a court case regarding my then ex(now husband) and his children were removed. The findings of fact were based of lies that I told to keep my child. I know people will judge me, I hate myself for it. Once the court finished, I met up with my ex and we had spoken about the lies and corruption we had with SS at the time and how things got to that point. My son met his dad for the first time in years and we co-parented amazing, went on family days out and we had the best 6-7 months.
SS then removed my son from both of us, this pain ended up bringing me and my then ex closer to the point we chose to unite and fight as a family.
We have been in a 4 year long battle of trying to get our son and my husbands other children home. Our case has been so awful, we were given only supervised contact once each month, this has only been progressed to fortnightly in the past 4 months. Still supervised.
I was advised by a solicitor to request for parental assessments to discharge the care order, SS finally agreed a few weeks ago.
The assessments have now been completed and we have been informed we show that we can care for, provide for and love our child, but they have failed us on not having parental insight to the findings that stand. We have shown understanding and acceptance of how we ended up in this situation, but because we both state that the findings are based of lies(which they are) that SS cannot work with us to determine if there is a risk of DV, controlling/coercive behaviour, etc. They could of worked with us if we accepted the findings are true, but because they aren’t and we don’t agree they won’t allow us to have our son home. They have said we could be faking our 3 year long marriage just for this, and they cannot do work to prove or deny there would be risks of the above to our child!!

I really need help with how to move forward. We just want our son home! More than life itself!

Please help me

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Suzie, FRG Adviser
Posts: 4210
Joined: Mon Jul 04, 2011 2:57 pm

Re: Finding of Fact

Post by Suzie, FRG Adviser » Fri Jul 01, 2022 4:12 pm

Dear Timestocome

Welcome to the parents’ discussion board and thank you for your post. My name is Suzie and I am FRG’s online adviser. I am sorry to hear that you are finding the current situation very difficult.

You are seeking the return of your son to your care and you and your husband have recently completed parental assessments as recommended by a solicitor. Unfortunately, the assessments have come back negative. This is distressing and disappointing for you.

From what you say, children’s services recognise strengths in your relationship with your son and your ability to meet a number of his needs but your failure to accept the finding of fact made by the court is the main obstacle. I think that there have been two sets of court cases, the first involving your husband’s children and possibly your son in which the findings of fact were made and then a second court case following your reconciliation with your husband, which resulted in your son being removed from your care and made subject to a care order. As a parent you would have had legal representation from a solicitor.

You don’t say what the finding of fact related to so any advice that I am able to give is quite general. However, the outcome was that the court made care (or other) orders for a number of children. The way that the law operates is a ‘binary system’ which means that the fact is either true or it is not. The court would have made its findings based an overall assessment of all the available evidence. You now maintain that this decision was based on lies that you told. I hope that you have sought specific legal advice about this from the solicitor who represented you or another solicitor who can advise you on this. Otherwise, as in the situation you describe, the findings stand.

Children's Services have stated that not accepting the finding indicates a lack of insight which they say prevents them from working with you. They may also be worried that it means that you will not recognise or prevent the same thing from happening again.

I would recommend that you carefully consider the outcome of the parental assessments and how you respond.

You should discuss the outcome with the solicitor who advised you to seek a parental assessment and ask their advice now that you have had a negative outcome. As the solicitor has better knowledge of your situation they may be able to provide you with more specific advice about what your options are.

Have any other assessments been suggested e.g. psychological or in relation to domestic violence and abuse ? It seems that children’s services have concerns about possible coercive control etc? If you are willing to engage in further specialist assessments then put this forward to children’s services too. In the meantime you can find support services here.

You are having supervised contact with your son and it is important that you continue with this, that it is regularly reviewed and that the assessments you have had are taken into account. Your son’s Independent Reviewing Officer is the key professional involved in reviewing your son’s care plan. Make sure you are properly involved in your son’s Looked After Child review processes.

The following pages contain helpful information: children in care under a court order and how can a final care order be brought to an end. .

I hope this helps. If you would like to discuss your situation with an adviser please call our freephone helpline on 0808 801036, the lines are open Mon to Fri from 9.30 am to 3.00 pm (except bank holidays) . Or post again if you have a further query.

Best wishes

Suzie

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