Child custody dispute

[Diana M]

Re: Child custody dispute

What good news about the solicitor!

I can understand your panic at learning the Social Worker recommended your daughter should live with her Dad. But now you have legal representation you will at least have the tools to deal with this.

Will your daughter still be returning to you at the end of the school holidays?

Di

[Crazy council]

Re: Child custody dispute

Hi

The judge will listen to you and the solicitor, and the report can be countered ( been there ). Have the social workers offered you any help or solutions for any issues they have in the report. .

This is a case that went on around my area that the judge went against the report and ripped into the social workers.
http://www.localgovernmentlawyer.co....latest-stories

[Daisyberwick]

Re: Child custody dispute

She didn't return to him, she refused to go saying the CAFCASS officer told her she didn't have to go. How likely is it that the judge will go with that recommendation if CAFCASS is saying opposite??

[Crazy council]

Re: Child custody dispute

They will listen, and there's things like her opinion and schooling that they will consider.

I would also suggest, pushing the social workers to help you get over any problems they have identified, hopefully, you will see a significant difference now you have a solicitor representing you. It shouldn't really be like that, but it is.

[Openlaw15]

Re: Child custody dispute

Just to let you all know, I have legal representation. This came as a surprise to me after telling the cafcass lady who I've been trying to get(without success) Helen (cafcass) told me she often works with that particular solicitor. Suddenly two days ago they just phoned me up and told me they'd take my case, no more questions asked. So, I was feeling quite positive Untill this morning when the social worker gave me the section 37 report. She has recommended that my daughter go live with her dad. I went into panick mode and took the report to the solicitor. They are currently trying to get my daughter a hearing with the judge. What is the likelihood of the judge listening to my daughter over the social worker?

Daisy this is simply brilliant news. Your daughter's lawyer and your solicitor will ensure that your daughter is heard before the family court judge, and hopefully these lawyers will ensure that justice is carried out. I have provided the information below to relieve you that the social worker's section 37 report in a private law hearing (ie custody) is only persuasive and other important matters are considered, ie your rights and your daughter's opinion are very important as to whom she wants to live with.

You still have your right to fact finding hearing to prove the allegations of domestic abuse, which includes emotional abuse allegations, as per 12J of the Child Arrangement issue: http://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_12j

According to relevant family procedure rules: para. 30 at 12J, the social worker's s.37 report where applicable is considered at the end of a fact-finding hearing: http://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_12j The SW is not a family court expert as in a professional such as a doctor or psychiatrist, or other child expert: http://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/practice-direction-25c-children-proceedings-the-use-of-single-joint-experts-and-the-process-leading-to-an-expert-being-instructed-or-expert-evidence-being-put-before-the-court, so their (SW) comments are not as qualified as these professionals.

Furthermore, a local authority (Suffolk Council) provides some guidance for social worker's use of section 37 reports to be used in a private hearing (such as yours), which includes a 'welfare tests;' they (SW) must tell the court why they're not recommending a care order etc (see Suffolk Council guide below). If the SW's report says that a care order or emergency order etc is not required, your child's lawyer (Guardian) using their own powers ( http://www.justice.gov.uk/courts/procedure-rules/family/parts/part_16 and, http://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_16a ), or you own solicitor acting for you, can challenge the SW for the benefit of your daughter's best interests. For instance, if no care order application is being made then the section 37 report of harm may not be fair. CAFCASS already has the duty to complete a section 7 report and this should adequately serve the court's interest.

A section 37 report usually requires a direction from the court: see also Suffolk Council guide in particular the 37 report content/ detail, titled "The Report" at page 5: http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&u act=8&ved=0ahUKEwifruWTr-HOAhXLIMAKHYRtBnUQFggcMAA&url=http%3A%2F%2Fpandp.s uffolkcc.gov.uk%2Fredirect.aspx%3FrID%3D0900271180 ce3a3b%26qry%3DFreeTxtPhrase~~&usg=AFQjCNGuNgyB6Tk iWQiuiOlKbzkLCq0odw&sig2=jDW2dtiwrIQjZgTLkbl2lw&bv m=bv.131286987,d.d24

[Daisyberwick]

Re: Child custody dispute

Hi. CAFCASS was against me in the end. I lost the battle. Thanks for all your help and advice. Can anyone tell me if I can appeal

[Diana M]

Re: Child custody dispute

CAFCASS was against me in the end. I lost the battle. Thanks for all your help and advice. Can anyone tell me if I can appeal

I'm sorry to hear this Daisy.

You've previously said that you've finally got solicitors to help you so why not ask them what your next legal step should be.

Di

[Crazy council]

Re: Child custody dispute

Hi. CAFCASS was against me in the end. I lost the battle. Thanks for all your help and advice. Can anyone tell me if I can appeal

Hi, you havent lost, whats important at the moment, is whatever factors used in the report ( instability, hitting etc etc ), get dealt with. Make sure the social services ( push them ) to help you overcome and deal with the circumstances that they have an issue with. The only way to deal with these at the stage your at, is to satisfy any issues that the social workers have.

I feel for you, as i know exactly how difficult this is,

[Openlaw15]

Re: Child custody dispute

Hi. CAFCASS was against me in the end. I lost the battle. Thanks for all your help and advice. Can anyone tell me if I can appeal

Hello, Daisy

Sorry to hear of this set-back, try to view it as a set-back requiring another remedy rather than you 'lost the battle.' I know you probably feel terrible right now. I hope you have family and friends to support you, at this time. First things first, let's back-track. I presume you either had a domestic abuse hearing, or alternatively this Fact Finding Hearing didn't go well. Let's move to the last issue of your case, which was your daughter and her lawyer, guardian going before the judge to provide her opinion as to whom she wanted to live with. What was said or what was the effect of the hearing in the judge's chambers (judge's room)? Was your lawyer present, was your daughter's lawyer present? Were the questions being asked by the judge fair? Did this aspect go wrong, did your daughter say that she wanted to live with her father, or was she pressured into this through your ex husband's lawyer (was his lawyer present)? I am trying to breakdown the events that have caused you to believe, as you put it, "I lost the battle!"

Now, you also say the social worker's section 37 report - as you were aware of this previously - went against you. What did your lawyer think of the SW report, was he/ she critical of it, ie was there a cross examination of the SW by either your lawyer or your daughter's lawyer (Guardian)? Did you lawyer provide you with family court representation or just written or verbal advice instruction, for you 'day' at the court? Did you lawyer have enough time to decide on the questions to be presented at the family court, or challenge any unfair questions, as per family court procedure?

However, regarding CAFCASS officer's section 7 report, you appeared to suggest that this court representative would either initially be in your favour or not against you. So, what happened? What was so scathing about their section 7 report? What does your lawyer, or your daughter's lawyer think about these weaknesses that CAFCASS made reference to in their report?

Has the case entirely finished now? If you didn't have a fair hearing and your case has finished, you could potentially appeal within a 28 day window. More importantly, what is your lawyer's view regarding the weaknesses of your case as to why the 'first battle,' but not necessarily the war was lost? What is your lawyer's opinion/ view/ perspective, for moving forward, with a view to have access to your daughter? What exactly have you lost, are you saying your husband has been given sole custody to your ex husband owing to these domestic abuse allegations? Do you still have weekend/ holiday entitlement to have a relationship with your daughter? Did the social worker apply for a care order or, if not, inform the court the reasons for not doing so, as per the above document/ council practice for relevant situations such as yours?

[Daisyberwick]

Re: Child custody dispute

This is devastating. I've just had her on the phone crying a begging me desperately to go pick her up. It's utterly heartbreaking. I feel sick to the stomach and so very helpless

[Openlaw15]

Re: Child custody dispute

This is devastating. I've just had her on the phone crying a begging me desperately to go pick her up. It's utterly heartbreaking. I feel sick to the stomach and so very helpless

I am so sorry to hear this news Daisy. I don't know what went wrong until you feel up to telling me. Listen, this is not the end of the world. Please be strong, don't be bitter to towards the court system. This is 'the state' - the iron authorities - but as a citizen you do have rights against the state. You do need to act quickly though to rely on them. After the next few days, write some questions - using some of the ideas I gave you in my last or previous posts, then call your solicitor to find out what you can do next. The court doesn't seem to have listened to your little daughter as she is clearly devastated that for the current time she cannot stay/ be with you. Do you have friends and family who can comfort you. Maybe treat yourself to a movie, or something nice. In the mean time take a break away from this forum thread (this website); you need to get your mind off this for at least a few days anyway. You're not helpless.. but you do need to take some time out. Right now I am suspecting your emotions are running high. You need some 'time-out' for yourself. Please take care. You will come through this.

[Crazy council]

Re: Child custody dispute

This is devastating. I've just had her on the phone crying a begging me desperately to go pick her up. It's utterly heartbreaking. I feel sick to the stomach and so very helpless

Hi [MENTION=11222]daisy[/MENTION]brewick

Whatever you do, i would not suggest going against the order in that way, work with caffcass and social, rather that against them. Can i ask, what were the deciding factors in her going there. I know its personal, but its the only way your going to get helpfull advice. You really have to work with the social in these curcs, even when you feel its wrong.

[Openlaw15]

Re: Child custody dispute

Hi @daisybrewick

Whatever you do, i would not suggest going against the order in that way, work with caffcass and social, rather that against them. Can i ask, what were the deciding factors in her going there. I know its personal, but its the only way your going to get helpfull advice. You really have to work with the social in these curcs, even when you feel its wrong.

CC, Daisy needs time to digest this... time for herself, family and friends. Let her discuss things if she wants to, at least after a few days but not now. Daisy is likely in shock...needs time to process. It's so easy for us to say stuff, provide some ideas, but we're not going through what she is right now.

[Linus]

Re: Child custody dispute

CrazyCouncil

very sensible advice

It is always hard when things go a way which we do not expect but taking time out before acting is, however hard, the right thing to do.

If I have serious letters to write for example, i compose them then leave them till the following day before posting..just in case I go off on one

[Daisyberwick]

Re: Child custody dispute

Hi. It's been a week and I'm getting there... still in shock at times, other times, I can rationalise it. I think the deciding factor was that I was not forcing Mel to see her dad. They think that because I hate her dad and have said derogatory things about him, that it has rubbed off onto her which is why she doesn't like going to his. They see this as emotional abuse. She appears to have settled there, which makes me both happy and sad. Happy because I couldn't bare to think she's not happy, but sad because it makes me think she won't want to come home (I still see this as her home) I am starting Anger Management on Monday and seeing a psychiatrist about a 'managing emotions' course tomorrow. I'm still waiting for social services to get back to me about starting a parenting course.
Can I ask, if I complete these courses and after 6 months or so, my daughter is still not settled, do I stand any chance at all of getting her back??