[Solved] Court again? Never ends!

...I guess it would be Section 13c - urgency and you. Would tick the child at risk of harm box. Either that or the no notice reason.

It's awful, you've tried to do the right thing and involve the authorities who are vested to protect our children and they just close ranks....God forbid they should entertain Any wrong doing on their part, it's everyone else!

I have the forms all ready to go. I've been researching legal aid and it says about proving domestic violence in the last 24 months. I've got proof from social services in the assessment that there was dv six months ago. Legal aid requirements say either me the victim of dv or a child at risk. Given that there was a previous order in place to protect him from dv that was broken and dv happened I'm hoping this is a loophole. I have a recommended legal aid solicitor phoning back tomorrow. I'm trying not to get my hopes up but if I can't get legal aid then I can at least get some advice about court then file the paperwork as urgent the next day.

Good call... Let's hope the solicitor will be able to take you on.

I hope so. I'm kicking myself for not thinking of it earlier but the solicitor I had a free consult with three months ago (before I knew ss were involved again) mentioned there was no legal aid at all anymore. I realize now she was a solicitor that didn't accept it and was obviously hoping I'd freely hand over the "£5-7k minimum" quoted.

Son is in such a state. He keeps talking about seeing the ex at their current house and has today drawn pictures of the situation labeled "I am sad because X was there" and said he doesn't want to be alive anymore because he keeps trying to talk to mother about it, she disregards it and he doesn't feel safe there. When I asked at the managers meetings why noone is believing him they came up with a lot of stuff about how children who have witnessed dv can be hyper sensitive and anxious and make themselves believe they've seen something they haven't. In my opinion that's just nicely calling him a liar even though he describes the same situation over and over again since Feb when it happened.

Anyway, finished with them. Trying with solicitor, trying with court. I need to get him where he feels safe.

Why oh why is everything such a battle!

Phoned the legal aid civil legal whatever it is, the first advisor said yes to legal aid but the person they put me through to said no. The local solicitors advisor said it sounds like it would be a yes but it's a grey area where it comes to domestic violence where the child has been at risk not the applicant parent (even though legal aid says domestic violence and/or the child at risk of harm, emotionally, physically, etc). She's phoning me back tomorrow morning with hopefully more definitive answers.

It really seems to be each persons interpretation of the legal aid restrictions, not the restrictions themselves. Keep plodding along!

I am so incredulous to the system. They phoned back and I won't know 100% until next Wednesday when I actually see the solicitor but it doesn't look like I can get legal aid but the mother might because our child was with her being the primary care giver when the domestic violence hapoened with her! So why can't I get it to protect him from the domestic violence he's been through with her!?

I'd certainly see about challenging her right to legal aid. That does seem total madness. Might be worth asking if there is any way that the legal aid can be awarded to your son instead of to you?

Oh definitely!!

The solicitor I'm meeting with, when I called her secretary remembered me and the situation when I said my name. The next day when she'd spoken to the solicitor she said the solicitor remembered me too and because I've seen her before I'm not technically allowed to have a free consult regarding the same matter but the solicitor can't believe this situation is still ongoing and wants to waive that and see me. She specializes in children's services and domestic violence so I hope she can shed some light and come up with something good! Plus shed some light on this ridiculous legal aid situation.

The ironic thing is that I don't remember seeing her (3+ years ago) so I'm astounded they remember me and the situation!

How much influence would a current childrens services investigation have on a judge? A lot of nothing has happened, the more child says the more childrens services make excuses for why he says things and don't believe anything. They are closing their case in a few weeks. There is now a police report made by child disclosing witnessing violence and receiving violence from his mother (very excessive slapping, he told the officer he's scared).

I want to put in for an emergency hearing but extremely concerned that I will get accused of entertaining my childs "lies". I have an appt with a solicitor in ten days to sort legal aid and start the ball rolling for residency which cannot be moved forward as she's on leave all this week.

I'm not up to date on the legal aspects (hopefully someone else will comment who is) but my instinct is that if you have a genuine belief that your son's safety is at risk, then that will go some way towards a a good reason to request an emergency heraring. The issue, though, as you say, is that children's services don't seem to be taking it seriously. Is there any way you can speak to the police officer who made the report to see if he thought that what your son said was the truth? That might certainly help.