Child custody dispute

[Openlaw15]

Re: Child custody dispute

I think i have already mentioned that Lucy Reed wrote a book about being a litigant in person in the family court which might be useful.

Yesterday I read a prominent social worker's PHD 2010 thesis which was also read by Parliament, that mentioned no safeguarding for parents who may have made a mistake in the past. I also came a cross a relevant human rights' case. It is apparent that social work practice differs depending where the family lives in the country or the particular local authority. It is therefore not uniform - the op's husband/ partner will be embracing 'the child protection register' as reasoning why Op is not fit to have joint custody. The child protection register is meant to be reviewed regularly for that matter.

[leclerc]

Re: Child custody dispute

I think i have already mentioned that Lucy Reed wrote a book about being a litigant in person in the family court which might be useful.

[Openlaw15]

Re: Child custody dispute

Hi thank you for accepting my request
I'm currently going through a custody case for my 12 yo daughter. She is on the child protection register because I hit her on a couple of occasions (once with an implement) although it happened twice, it is very rare for me to be physical with her, but she did push me to the limit....also we were going through a very tough time. My ex husband now wants residency and has a very spiteful lawyer. The first hearing was with a very understanding judge who saw things for what they are and ordered a section 7, but the second hearing was with a judge who seemed to be echoing my ex's lawyer and wants a section 37. Now I am very scared. I have no legal representation. I am up to my ears in paperwork and feel railroaded. Has anyone got any advice for me??

Here's a detailed document from .gov of what evidence is required for all legal aid matters, including family under the new Legal Aid rules (ie after the 2012 law kicked in): https://www.gov.uk/government/upload...aw-matters.pdf

[Diana M]

Re: Child custody dispute

the second hearing was with a judge who seemed to be echoing my ex's lawyer and wants a section 37. Now I am very scared. I have no legal representation. I am up to my ears in paperwork and feel railroaded.

Hello Daisy,

Family Law is not my area of knowledge but I have been divorced and I have fought a custody battle so I can understand how scared you must be feeling. Nothing is more worrying than the feeling that someone can take your child away from you.

Since your daughter is 12 years old she will have a voice in all this. Her wishes will be sought too.

Have you checked to see if you may be entitled to Legal Aid so you can have proper legal representation? There's a bit of information about that on this website (a charity) > http://childlawadvice.org.uk/informa...y-law-matters/

Di

[Openlaw15]

Re: Child custody dispute

Hi thank you for accepting my request
I'm currently going through a custody case for my 12 yo daughter. She is on the child protection register because I hit her on a couple of occasions (once with an implement) although it happened twice, it is very rare for me to be physical with her, but she did push me to the limit....also we were going through a very tough time. My ex husband now wants residency and has a very spiteful lawyer. The first hearing was with a very understanding judge who saw things for what they are and ordered a section 7, but the second hearing was with a judge who seemed to be echoing my ex's lawyer and wants a section 37. Now I am very scared. I have no legal representation. I am up to my ears in paperwork and feel railroaded. Has anyone got any advice for me??

Hello, Daisy

First and foremost no one is here to judge any person including you. For custody matters, the judge has to look at the 'best interests' of the child. If there is a threat of harm to the child, then the judge has to take that into account too. The test is normally 1) harm, and 2), significant. You're simply permitted to discipline your child however the law steps in if the discipline goes a step too far. Since 'baby P' there tends to be an over reaction to the harm tests. May I ask you what type of implement you used? Were you for instance charged with criminal assault. I am just trying to establish your facts so I/ other here can help you in the right direction.

[Kati]

Re: Child custody dispute

Hi [MENTION=88892]Daisyberwick[/MENTION] to LB xx

I'm sure you will get lots of help and advice from the knowledgeable Beagles ... and I know we'll all support you through this :grouphug:

I'll tag [MENTION=15129]Crazy council[/MENTION] and [MENTION=8640]leclerc[/MENTION] for you to start with :nod: