[Solved] Court again? Never ends!

Hi there

I think you could trying writing to the judge directly first. Include all of the information you have about events since the order was made and ask him to bring it back to court for urgent new directions. Remind him (respectfully) that he had issued a direct warning to the mother about breaking the order and the seriousness with which he would view it if she did. Make sure you address the judge that made the order directly and put his name on the envelope. Stress how worried and concerned you are for the safety and well being of your child.

Alternatively you can submit an urgent application and then Mediation would not be necessary.

You have two options, you can apply for enforcement of the existing order or you can apply for a variation of the existing order for transferral of residence.

I meant to add that with enforcement applications mediation is not mandatory and if you decide to go for a variation for residency as an urgent application and cite serious risk of harm to your child, this will also allow you to. Go straight to court without having to use mediation first.

Thankyou for that Mojo!

Children's services assessment also includes that she has broken the court order by attempting to stop contact on occasions (true, even on one occasion the school had to get the police involved).

I'm very concerned that the judge will say "well yes she's broken the court order, yes she's caused all of this upheaval but now she's moved and working with children's services so we should see where that goes" which is basically the opinion of the social worker too. Whenever I mentioned the possibility of court to the social worker, she just mumbles about the "human rights act that we work by means that we have to keep the children with their families wherever possible so he needs to stay where he is.." I'M HIS FAMILY TOO!

My stance is that after six years of children's services being involved on/off, she still broke the court order, she still put our child through all of this! When she moved she lied to me about the circumstances but I had no proof of what had really happened (with her inviting him) so I thought "well hopefully that's her away, she can concentrate on the children, we can all move on" but two months later children's services phoned me asking to visit because they were putting him on a child in need plan. Something that I had absolutely nothing to do with. She also spent the first 3-4 weeks of the child in need plan staying at another address with our child sharing a bed with another child and occasionally sleeping on a floor which children's services had no idea about until I told them because she'd go home for their visits.

I have told children's services that whether our child is telling me things because things are happening NOW or whether he just can't get over what he has been through with her and doesn't trust her - at the end of the day he needs stability, he has the right to feel safe and secure. He's constantly telling me that she shouts too much, slaps him around and doesn't "believe him" which I take to be a trust issue and doesn't talk about his life at her house other than that. Social worker tells me to tell her things, I tell her, she tells me to talk to his mother, I talk to his mother and she throws a hissy fit that he says worse about me. Which conveniently she has never passed on to anyone.

I keep being told "well maybe he's just telling you what you want to hear" - in the recordings that children's services have, he's sobbing that his mother doesn't love him and doesn't care about him and he wants a new mummy, etc and I'm telling him that she does love him and she does want to see him and he's arguing it. How is that what I want to hear! His mother told social services herself that he tells her he doesn't want to be with her - if he was playing us off against each other surely he'd be telling her that he wants to stay with her?

I actually asked the social worker, if the roles were reversed, if I was abusive to his mum which caused the relationship breakdown, if I had gone off to have further DV relationships around our child, if I had broken court orders and repeatedly lied to the authorities.. would children's services still be happy with me, a man, having him live with me? Funnily enough she didn't know how to answer that!

... Have you asked the social worker, if you went back to court for residency, would they support your application?

I feel that they are putting the best interests of the mother above that of the child.... Taking it back to court would hopefully shine the light back on the paramountcy of your child rather than his mother.

When I ask verbally I get the mumbled standard "human rights.. keep the child within the family as much as possible..", ditto when I ask why they are being so lenient on her after everything she's done. I emailed weeks ago directly asking what children's services stance would be if I were to go to court and I didn't get a response.

Social worker has said the FGC is all about the family working together to support the mother, her family have told children's services that they will not support her having her children and in their opinion she shouldn't have her children in her care. I don't understand what 'support' she needs when the issues identified is her letting DV happen around the children and her temper towards the childrens fathers.

The assessment states that she's broken the court order across the board, that she's been incredibly inconsistent with her accounts of events, that she will stop contact for no good reason for weeks at a time if she's able, that they believe she has very little understanding on the effects of DV and stopping contact on the children, etc.

I think you should go for it...you've got plenty in your favour....go for enforcement and change of residency.

Human rights Act is rarely recognised in family court as far as I can see... Fathers are actively deterred from using the clause about a right to a family life in their contact cases. More to the point what about the right of e child to live free from fear and harm... Look at the welfare checklist and ask yourself if the SW is actually ignoring the very basis of a child's rights.

The Welfare Checklist - section 1 Children Act 1989
When a court considers any question relating to the upbringing of a child under the Children Act 1989 it must have regard to the welfare checklist set out in s1 of that Act. Among the things the court must consider are:
a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and/or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, [censored], background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question.
For all proceedings under the Children Act 1989 when the court considers a question of the child's upbringing the child's welfare is the court's paramount consideration.

Agree with Mojo.

From what you describe the threshold is met for an emergency application for residency due to the horrible situation that is occurring.

I would address a letter to the previous preceding judge and ask the hearing be listed before him ASAP.
Mediation not required as there is direct physical and emotional risk to the Children that requires court intervention.

You said you have the children 3 days a week and 1/2 holidays and the mother still has residency?
The very least I would push for would be shared residency if not full residency for the sake of the kids.

SW & Other service support staff don't want courts involved - but you gotta do what you think is right.
From my experience, the only person that difficult people listen to are judges...

Good Luck & keep us posted.

Thanks again guys!

I don't suppose there are any known templates of letters to a judge? I like to think I'm quite literate when it comes to formality but I have no idea on this.. I don't want to be too indepth but I don't want to be too short. Do I send copies of the assesment (just three pages) with the letter? Do I just ask for an urgent hearing or do I ask for an urgent hearing in view of changing residency?

I'm also arranging an urgent meeting with the childrens services manager, I have already complained two months ago and I'm fuming. I found a copy of meeting minutes that were sent to me two weeks ago (a child found the envolope and decided it was drawing paper!) and it is horrendous. Completely set on our child just says things because he is adjusting to going between his parents houses (which he has been doing since he was a baby!) and he only says he wanted to live and go to school with me because he knows children at the local school who tell him about it. Also it's riddled with the social workers OPINIONS which were added in afterwards when the minutes were typed up and added as FACTS "His father stated he says this and that" (true) "This is understandable because he struggles to adjust going between houses" (eh?!).

Getting in a letter to judge ASAP when I figure out how to write it!

Mark,

If it was me on Monday morning I would be in the court filing in the C100 & C1A form and waiting for a hearing - even if it takes all day.

I would prepare a short statement and more detailed witness statement highlighting the immediate and necessary risks to the children.

To the DJ/ DDj/ MJ you address the letter to the Court Manager.

For the matter relating to XXX I request the following correspondence be urgently placed before XXX.

Sir (or Madam).

Then explain why in an emergency you are bringing the application and the serious matter to his or her attention which requires immediate consideration.

Good Luck & Keep Going...no matter what anyone tells you - if there are matters concerning your kids then you got to fight...

Do I need to write the letter to the court manager as well as putting in the court applications?

Sorry to sound thick - I haven't looked into it too much and prepared (although always ready!) as CORAM told me I could not, at all, put in an emergency hearing whilst our child has childrens services involvement as a judge would see that as them keeping child safe and therefore no urgency.