asking to change venue of court in child case

[Crazy council]

Hi

Our friends, wish to change a claim for access to another court, not the local one, can anyone point me at the paperwork and give me an indications if they need to give reasons.

They had mediation and agreed terms ( never disagreed, just needed mediation to formalize ), when its gone to court, social services got involved because the mothers partner ( not the farther ) has previously hit her ( year ago, whilst out and both drunk, admitted, whet to court, got sever warning )

Now hears the problem, the child's parents fully agree, both are good, but the involvement of the SS has brought up other, none related things, nothing bad, just things to argue between them, neither want this.

The mother, doesn't trust the local social serves, due to incidences when she was 15, she has played along with it at the local courts, but due to some other information they have, its makes sense to change away from the local court.

The hearings supposed to be in 7 days, ( was adjourned 21 days ago )

[Amethyst]

Re: asking to change venue of court in child case

Changing to a court further away to avoid having the local social services involved? Not going to happen I'm afraid. Even if there is a good reason to move court ( the parties have moved for example ) then the social services involved thus far in the case would remain involved. The DV issue of the mothers partner can't / won't be ignored regardless of which court the hearing moves to. Is she represented ? If the parties are in agreement they could put forward a consent order - however with the DV issue it is likely the court will want to look at it and assess if there is any risk to the child.

That is just my view though so just tagging a couple of people who will know exactly the ins and outs of moving court [MENTION=85502]HannahM[/MENTION] [MENTION=85489]FionaC[/MENTION]

[Openlaw15]

Re: asking to change venue of court in child case

Hi

Our friends, wish to change a claim for access to another court, not the local one, can anyone point me at the paperwork and give me an indications if they need to give reasons.

They had mediation and agreed terms ( never disagreed, just needed mediation to formalize ), when its gone to court, social services got involved because the mothers partner ( not the farther ) has previously hit her ( year ago, whilst out and both drunk, admitted, whet to court, got sever warning )

Now hears the problem, the child's parents fully agree, both are good, but the involvement of the SS has brought up other, none related things, nothing bad, just things to argue between them, neither want this.

The mother, doesn't trust the local social serves, due to incidences when she was 15, she has played along with it at the local courts, but due to some other information they have, its makes sense to change away from the local court.

The hearings supposed to be in 7 days, ( was adjourned 21 days ago )

Let's start at the beginning here, what is your friend accused of by social services? Are SS saying that your friend's child is exposed to 'significant harm?' What exactly are social services trying to do? What incident occurred when your friend was 15 and why doesn't your friend believe she will either have a fair hearing, ie social services bring up irrelevant stuff? You could cite some judicial review cases that state the decision cannot be arbitrary, cannot be prejudiced, must not have 'irrelevant considerations.

Procedure: Evidence: normally your friend could ask for a disclosure of the evidence against her now or at the preliminary hearing. Then sift through the evidence and motion the judge to state that the evidence is an irrelevant consideration and explain briefly why. Crazy council, are you acting as McKenzie Friend for her or does she have a lawyer. With social services though, they have certain protections against disclosure ie 'goes against the public interest: Family Procedure Rules 21: 3: http://www.justice.gov.uk/courts/pro.../parts/part_21 ie, 'may harm their case as they're protecting the child.'

Hmm, yes it's possible to have a change of court but the reason needs to be revised I think. Well does the things the SS prejudice your friend's right to a fair hearing in the current court location? The social services are attached to the local council and therefore the local courts. How would changing court help? What other information do does your friend have that justifies a change of court to another location/ district?

[Crazy council]

Re: asking to change venue of court in child case

There not trying to avoid the SS ior any report, they just feel ( probebly reasonably ) they will get a fair hearing at another court. Both parties are in agreement,

The reason for the move of court

There is serious inaccuracy's in the report, and statements with no evidence, nothing of any concern, they just feel like they would get a fair chance to get a judge to look at it balanced at another court ( so do i )

The real problems, if they dont, is the further, Basically, the SS did a report, and its wrong and bias, even the other party said that and wants to deal with it a different way. Hers and exaple of someone else moving from the local court because they were concerned about the report. The problem of leaving it, the section 7 report was complaeted on one side only, after it was challanged,, they did the meeting with the other side and things are fine, but, they are wary about the first report, and dont want to leave the inaccuracys on official record

http://www.dailymail.co.uk/news/arti...ous-judge.html

The DV issue of the mothers partner can't / won't be ignored regardless of which court the hearing moves to. Is she represented

Hes prepared to deal with that head on, as done since he did it, there not trying to avoid anything, and acsept anything from the SS ( all done now, couple of assesment meatings ) , the problem is the s7 repoort that was put in incompleat

[Openlaw15]

Re: asking to change venue of court in child case

There not trying to avoid the SS ior any report, they just feel ( probebly reasonably ) they will get a fair hearing at another court. Both parties are in agreement,

The reason for the move of court

There is serious inaccuracy's in the report, and statements with no evidence, nothing of any concern, they just feel like they would get a fair chance to get a judge to look at it balanced at another court ( so do i )

The real problems, if they dont, is the further, Basically, the SS did a report, and its wrong and bias, even the other party said that and wants to deal with it a different way. Hers and exaple of someone else moving from the local court because they were concerned about the report. The problem of leaving it, the section 7 report was complaeted on one side only, after it was challanged,, they did the meeting with the other side and things are fine, but, they are wary about the first report, and dont want to leave the inaccuracys on official record

http://www.dailymail.co.uk/news/arti...ous-judge.html



Hes prepared to deal with that head on, as done since he did it, there not trying to avoid anything, and acsept anything from the SS ( all done now, couple of assesment meatings ) , the problem is the s7 repoort that was put in incompleat

That link does not say that they could transfer the proceedings to another court. I don't think that the proceedings can be transferred to another court; I checked the Family Procedure Rules and couldn't find anything for that. CAFCASS only get involved and produce a section 7, Children's Act 1989, report if there are either disputes with the parties as to where the child will live, or there is a welfare issue.

[Crazy council]

Re: asking to change venue of court in child case

They just need to change the court location because of other items that i wont put on here, but will be detailed in the application, that relative to some people in the line management

They are disputing some items within the section 7 report ( reasonably ) , and know they will not get a fair chance at the local court. There not trying to game the systems, the DV stuff was over 1 year ago and properly dealt with through the courts, the BF has attended all meetings and is open about what he did Its noty about the DV that they are disputing

[Openlaw15]

Re: asking to change venue of court in child case

They just need to change the court location because of other items that i wont put on here, but will be detailed in the application, that relative to some people in the line management

They are disputing some items within the section 7 report ( reasonably ) , and know they will not get a fair chance at the local court. There not trying to game the systems, the DV stuff was over 1 year ago and properly dealt with through the courts, the BF has attended all meetings and is open about what he did Its noty about the DV that they are disputing

CC, you can email me the facts. Listen I helped someone in a complex American family case as there were allegations of abuse which resulted in a protection order. The person's friends etc even distances themselves as their partner manipulated the children into making the abuse allegations. I am very objective so if you want to tell me the facts I will not judge you, them, or anyone. I can may be see if I can help if you want. As for changing the court am still not sure that can be done unless you can show me that in words or instructions that it can be done.