Any Advice / help would be great

[wassaw123]

Afternoon All

Just joined the forum and i would like someone's advice if possible.

I have two children to my ex partner, we have been split up for around 5 years now.
We have got on for the kids sake but i wouldnt say we every hated each other nor were we best friends.

recently she met her new partner in dec 2013, i have no issues at all with this man and in all honestly my thoughts are good luck to him.

But around may 2014 my ex partner requested to me that i change my children's name back to her's, i refused to do this.
then two weeks later she announced she was pregnant to her new partner (explains why she wanted my children's name changing)

Two weeks later i had a phone call out of the blue from social services claiming my ex partner had issues that i had been abusing my children (section 47) for a number of years.

I have had a interview from SS and have attended a interview with the police.
6 weeks after these, i have had no response from either and in the mean time still unable to see my children.
I chased ss for a decision and they told me the case had now been closed and a report had been sent out to me, i did not receive this and asked for it to be re posted out.

i received this report 14th of July and have to say, the report is shocking, full of spelling mistakes and full of lies and with an allegation that i broke my daughters arm 2 years ago, yet infact the true story is her mum took her out to a play gym, she fell over and the mum thought it was something and nothing.

Yet three days later i was concerned for her and took her to hospital myself

on Friday, two days after i have received this report the police contacted me stating new evidence has come to light and i now need to be questioned again.

after speaking to ss this morning, i raised an issue with the total inaccuracy of this report, his first response was, i should not have this report, as the police matter is a ongoing investigation.

Sorry for the long winded post but thought it would be best to explain the situation first.

I would like to know what peoples thoughts are to what i should do now? or has anyone every had a similar experience to me

I do have a solicitor helping me but this is a criminal solicitor as its nothing to do with family court.

I just feel i am been port raid and (slander) has been put against me. and now she is engaged to this chap it just feels that my ex will do anything and everything for me to be out of my children's life so she can have her perfect little family

[Kati]

Re: Any Advice / help would be great

Ok, just me get this straight ...

1, you had a section 47 investigation because of the concerns brought up by your ex wife after you refused to allow your childrens surname to be changed????

Section 47 Enquiry (Child Protection Enquiry) will almost certainly be indicated where the following apply:
A clear allegation of sexual abuse;
Any injury, however minor, to a non mobile baby or child;
Alleged or suspected serious physical injury;
There is a repeat of non-accidental injury;
Suspicion of factitious illness by proxy, whether the presentation is medical, psychological or educational;
Neglect is serious, and standards of living for adults are markedly better than for the child;
Repeat of neglect after family support services have been given previously;
Injury/treatment is sadistic/brutal (i.e. pain/distress caused deliberately and giving the adult satisfaction);
Where children are the subject of parental delusions, or are targets for parental aggression, rejection or neglect for pathological reasons;
There is no consistent explanation/no admission of what is clearly abuse;
Domestic violence where the child has been injured, even if inadvertently;
There is reasonable cause to suspect that a child is suffering or likely to suffer Significant Harm in the form of Physical Abuse, Sexual Abuse, Emotional Abuse or Neglect;
Following an Emergency Protection Order or Police Protection Powers;
A child breaches curfew criteria in which case the response must be initiated within 48 hours of receipt of the information Section 47 (1)(a)(iii) Children Act 1989 inserted by [Section 15(4) Crime and Disorder Act 1998].

2, after being interviewed by both Social Services and the police, you heard nothing for 6 weeks, so you chased it up and were told by SS that the case had been closed??

3, The report you received as a result was full of mistakes, lies and untrue allegations?? Any inconsistancies, errors, mistakes, lies etc... can be marked up in a SS report as 'challenged by' if you disagree with what they have written - with a note saying what you disagree with and why by the side of it :tinysmile_grin_t:

4, Two days after receiving the report (and being told the case was closed) you are contacted and told you have to be re-interviewed by the police due to new evidence?? Have you been told the nature of these new allegations?? Have you voiced your concerns that any 'allegations' from your ex wife could be malicious due to you not agreeing to her request?? Have you told the police that you were informed that the case had been closed??

5, When you spoke to someone at Social Services about the new evidence, and to point out the inaccuracies in the first report, you were told that you shouldn't have recieved it anyway as the case was ongoing??

----------------------------------------------------

In your situation, the best advice that I can give you is to cooperate fully with both Social Services and the police. Be completely calm and honest during any interviews (and take a solicitor/legal representative with you when attending). Take notes of everything that is said by either the SS or the police (and any contact with your ex or your children too) no matter how small or inconsequential it seems at the time.

Write a complaint to the Social Services department involved, pointing out the inaccuracies in the previous report (including the poor spelling etc...) and also stating that you had been sent the report after being told the case had been closed. Stress that you are willing to do anything to prove your innocence and are just concerned about the detrimental effect this will be having on your children (no contact with dad = not good for kids etc...)

Ask if you could have supervised contact with your children (in a contact centre) while this new investigation is ongoing - SS should be willing to allow this as it will give them a chance to see how you and the kids interact with each other.

I will advise in any way I can, just give me a shout on here (or private message me if you prefer)

Kati

[Kati]

Re: Any Advice / help would be great

Oh, and ask your solicitor if he/she can suggest a colleague who specialises in Family Law :tinysmile_twink_t2:

[wassaw123]

Re: Any Advice / help would be great

1) This is a main reason, she has accused me of numerous things mainly abusing, nipping, hitting my children over a number of years

2) i rang up wanting to know what was happening as i want to start seeking legal advise (solicitor) to see my children and was told i could not do this untill the investigation were completed

3) There are so many errors in this report that i could be here all day listing these, the main errors i have seen is there is no '' In my opinion'' notes, if you get what i mean by that.

4) i was told by the police that social service and them carry out separate investigations, i can only assume the new evidence is this report ( that i should not have)

5) yes that's correct, i spoke to the social worker / Social services today and they said you should not have this report as it will jepodise the investigation by the police.

I just feel that im running around in circles really, i have done nothing but love and be there for my children, i appreciate that these people do have a job to do which i totally respect

[Kati]

Re: Any Advice / help would be great

The main thing you can do right now is try not to worry too much :tinysmile_grin_t:. I know that it seems almost impossible when you are in a position such as yours, but you do not want to do anything that could jeopardise the investigation.

Get yourself a red pen and put in your corrections with the reasoning behind it on your copy of the report, then (when you next see SS) take it with you. In ANY dealings with SS (Child Protection Services) you have the right to make your opinion known and for it to be taken into account!

Do you know the name and contact details of the head of your SS department?? (If not, private message me telling me the area you live in and I will send you them as soon as I can).

You need to put in a complaint to the head of SS dept informing them of the inaccuracies in the report, your worries that the SW involved up to now is jeopardising the outcome of case (sending you reports which you are later told you should not have) and also requesting that a letter showing your concerns is placed 'on file' alongside the report.

Get yourself a solicitor specialising in Family Law as soon as possible, so that you can get support and advice regarding any legalities with the accusations.

Kati

[EdwardJorgensen]

Re: Any Advice / help would be great

It seems that your partner want his children but you have not given the exact reason why he want the children. Everyone are in his support, if you have any proof against him then collect all the proofs, you must claim in the Family Preceding Court which is the right place for your problem. I know you must get the appropriate solution for the situation you are going through, you also change your lawyer hire to lawyer who fights for family problem.