Judge ordered Section 37

[worriedpartner]

Hi,

I am the partner of a parent going through court proceedings due to breech of a defined contact order. His ex wife is difficult mostly and changes things around at every opportunity - this has been ongoing for 6 years and the child has been on a protection register numerous times due to the concerns of his welfare.

My partner lost a residency order in the first stages due to them wanting stability in the childs life, the mother has not provided this.

When my partner returned to court for none contact the judge actually ordered a section 37 to be carried out by ss with an interim care order.

We have had the report through and it recommends that the child has a change of residency to live with us which obviously we are pleased with.

My question really is if anyone has any experience witrh this? Should we expect the judge to go with this or can it be appealed? We are due in court for a directional and do not know how best to prepare, we are not taking representation and have not done through the entire thing - any advise or experience appreciated!

We are due in court in 2 days and just do not know what to expect but we are told that this is a very rare case.

[Emerald]

Re: Judge ordered Section 37

Hi,

I am the partner of a parent going through court proceedings due to breech of a defined contact order. His ex wife is difficult mostly and changes things around at every opportunity - this has been ongoing for 6 years and the child has been on a protection register numerous times due to the concerns of his welfare.

My partner lost a residency order in the first stages due to them wanting stability in the childs life, the mother has not provided this.

When my partner returned to court for none contact the judge actually ordered a section 37 to be carried out by ss with an interim care order.

We have had the report through and it recommends that the child has a change of residency to live with us which obviously we are pleased with.

My question really is if anyone has any experience witrh this? Should we expect the judge to go with this or can it be appealed? We are due in court for a directional and do not know how best to prepare, we are not taking representation and have not done through the entire thing - any advise or experience appreciated!

We are due in court in 2 days and just do not know what to expect but we are told that this is a very rare case.

Hi
A few questions

What were the circumstances regarding the RO and who are you referring to as they?
Is there an Interim CAre Order in place?
Where is the child placed?
Who actually did the assessment and is making the recommendations?
If this is part of Care Proceedings then there will be no decision made until the final hearing however that does not stop the child moving to live with the father.
Are you party to proceedings?
You really need to get legal representation from a solicitor on the childcare panel.
Who told you this was unusual and in what respect?

[worriedpartner]

Re: Judge ordered Section 37

Hi
A few questions

What were the circumstances regarding the RO and who are you referring to as they?
Is there an Interim CAre Order in place?
Where is the child placed?
Who actually did the assessment and is making the recommendations?
If this is part of Care Proceedings then there will be no decision made until the final hearing however that does not stop the child moving to live with the father.
Are you party to proceedings?
You really need to get legal representation from a solicitor on the childcare panel.
Who told you this was unusual and in what respect?

My partner went for residency in the early stages of the divorce and lost due to the section 7 being on the fence by SS, also there was a physcological evaluation taken which said that there was animosity and the child should stay with the mother as he had moved with her 100 miles away and already moved enough, the court advised that stability would be what the child needed.

There is an interim care order in place which gives PR to an appointed member of CAFCASS and he has a solicitor - however the child is currently with his mother until a ruling has been made (whichever way this goes).

Social Services and cAFCASS have done a full section 37 report and both parties agree that the child should move.

I do not go to the proceedings however, my name is mentioned as i have been accused by the ex partner of being violent towards her (unfounded) so i may be called to speak, i do not know.

We have found that since going to court with no representation we have got further so we will not take it up.

This was said to be unusual because we went for an enforcement of an already in place defined contact order and as a side the judge has placed a care order, we were never going for residency it has just ended up this way.

[worriedpartner]

Re: Judge ordered Section 37

I also just wanted to add that although i do not attend the actual directionals, i have attended welfare meetings at his school and i was also interviewed by CAFCASS and Social services in terms of my wishes and if i was in support of gaining residency of the child ( i also have 3 children of my own that live with us).

The child has also had his wishes looked into but he did not state either way whom he wishes to live with so the report reflects that the recommendation has been made with regards to his welfare. SS also state they have grave concerns for the childs emotional welfare once the ruling has been made and has also requested that the care order remain in case they need to remove him.

[Emerald]

Re: Judge ordered Section 37

It's not that unusual in prvate law proceedings. (I'm assuming that you applied for the residency order and it isn't care proceedings initiated by the LA?)
CAFCASS do not have PR under an ICO it is shared between parents and Local Authority with LA having the most clout.
When is the final hearing?

[worriedpartner]

Re: Judge ordered Section 37

It's not that unusual in prvate law proceedings. (I'm assuming that you applied for the residency order and it isn't care proceedings initiated by the LA?)
CAFCASS do not have PR under an ICO it is shared between parents and Local Authority with LA having the most clout.
When is the final hearing?

We did not start residency proceedings, my partner applied for an enforcement on an already in place defined contact order from 2009. The judge ordered the care order and S37.

I got mixed up with the CAFCASS PR thing im sorry, CAFCASS have a solicitor appointed for the child i believe. The parents also have PR yes, along with LA (as you stated very correctly, they have the most clout).

The residency order my partner went for was back in 2007 and at the time the judge also ruled (the same one we have now) that they were not to go before the court for 3 years unless to take leave of the court.

We have a directional tomorrow, im usure how these things go because its not something that we have been involved in before - the report came out 10 days ago so im unsure if it has a normal procedure (ie, final hearing etc) or if the judge is likely to just make a decision?

Edited to add that my partner went originally for an enforcement as contact was stopped for 9 weeks.

[Emerald]

Re: Judge ordered Section 37

A directions hearing will most likely timetable the final hearing, if all parties are in agreement then the DJ could make a final order tomorrow if they are in dispute and it can't be resolved by agreement then a date for IRH (Issues Resolution HEaring) will be made and 9/10 these turn into final hearing by negotiation. If it is to be contested then there will be a final hearing where the judge will hear all evidence from experts, guardian and social worker and then make a judgement will take 2/3 days.
The child is represented in court by a solicitor through the court appointed guardian (CAFCASS)

Good Luck.

[worriedpartner]

Re: Judge ordered Section 37

Thanks so much for your replies, we went today and found that SS are applying for a full care order so we have been urged to seek representation as its public funding - I have been on to that today.

The judge was very keen to press on with this and has insisted that we make provisions for a new school and a full residency hearing will take place in august - I think thats a good result ultimately for the child but also for us.

Thanks again.

[Emerald]

Re: Judge ordered Section 37

Thanks so much for your replies, we went today and found that SS are applying for a full care order so we have been urged to seek representation as its public funding - I have been on to that today.

The judge was very keen to press on with this and has insisted that we make provisions for a new school and a full residency hearing will take place in august - I think thats a good result ultimately for the child but also for us.

Thanks again.

No its not a good result - if they are applying for a full care order then it it is highly unlikely that they are supporting a residency order in favour of your partner.

What is in their evidence and recommendations to support a care order and howdo they propose to manage the care order - will they remove the child from mother and where to?

[worriedpartner]

Re: Judge ordered Section 37

They are applying for the order so that they can remove him from his mother to us if needed - they have concerns for his emotional welfare there.

They are fully backing us in a recommendation for residency and this will be heard in august.

[Emerald]

Re: Judge ordered Section 37

They are applying for the order so that they can remove him from his mother to us if needed - they have concerns for his emotional welfare there.

They are fully backing us in a recommendation for residency and this will be heard in august.

They can remove under an ICO from the minute they get it, if they were backing residency then they wouldn't need to apply for an Full Care order.
You need good legal advice and quick - make sure it is a solicitor on the childcare panel not just a family lawyer.

[worriedpartner]

Re: Judge ordered Section 37

Yes, i have done my homework today and got a well respected solicitor who is a chief assessor on the children law panel. Thanks again for your very helpful advice.