[Solved] Social services involvement.

Hi there

As you have the support of Social Services and the local authority, you’re in a good position. Are they happy for your child to stay with you long term, or do they see this as a short term arrangement? What arrangements are in place for the mother to have contact now?

You can either wait for the mother to make the first move, or take action yourself... my opinion is that it would be better if you take the lead, it that is just my personal opinion.

If you decided not to wait for her to take action, you would need to make an urgent, no notice application for a Prohibited Steps Order and an application to vary the existing order to say that the child lives with you, both can be done on the C100 form. As there are serious safeguarding issues, you should also submit form C1a to tell the court about the risks to your child.

It’s best to go into court with your forms and speak to the court office about the urgency to see a judge straight away, your fears that the mother could remove your daughter and the fact that Social Services and local authorities have removed your daughter and placed her with you, due to serious risks to her.

Social Services will always advise that both parties seek legal advice, but you do not have to have a solicitor and can self represent as you have done before.

As you know you can do a lot of the groundwork yourself and get a barrister for the final hearing, if that would help.

Best of luck

It might be worth asking Children's Services what they would do if your daughter was returned to her mother - if their likely action would be to remove her again (which they can do, I believe, even if the court orders her return), then if you can get this in writing from them, that would be a good piece of evidence to give to court - after all, what would be the point of the court ordering she returns, only for CS to take her away.

Hi Mojo,

Yes they are more than happy for daughter to stay with me. Few more checks to be done in family members as normal but not worried.
It all depends on how mother will respond as she has enrolled to various places to get help and she will get a solicitor to get daughter back.
In the meeting we all didnt really know. Theres alot of unknows still.
Theres nothing in place for mother as she still classified if thats the word "unfit".
But we all want this to happen and quick.
We all have a new meeting in 8days to discuse the situation and plans.
Thanks for your constant support and advice as always.

Hi actd

Social services has clarified that they would go to court and daughter will be taken away.
Iam waiting for the reports from 1st meeting and yes i beleive that is in writting.
I beleive ex would prefer daughter at someother place else than with me. Sad! I know.
Thanks

Happy to help, you know how to get hold of me if you need to pabz.

Because your child is at risk, you may be eligible for legal aid, but that would depend on your income, it’s worth looking into.

Best of luck

I beleive ex would prefer daughter at someother place else than with me. Sad! I know.
Thanks

What she prefers is irrelevant - if they take her away from the mother, it's up to them where she is placed, and the natural choice is with you because that is by far the best option for your daughter.

Hi thanks for all the replys

I jusy got my proper court order few days ago.

I had to ring court house more than 5times and due to moving house took even longer to get it.

I was starting a new c100 and were going to add the C1a too buy,

Court order has a sentence saying

" permission to restore this application for an urgent hearing in the light of any alleged breach of it's provisions at any time prior to the review date in april such application reserved to District judge ......"

Does that mean i dont have to creat new C100 and if thats correct. Whats best way to deal with that as i want to go for full custody and do it ASAP?

Thanks Everyone

Hi pabz

Can you remind me what this court order is for? Was the order made before your change of circumstances with your child?

As it states that permission to restore urgently if the order is breached, I’m not sure that would allow for a further application within proceedings, without knowing what the provisions within the order are.

Hi Mojo,

The last order was for myself to have my daughter staying at my house and to be able to have her for many days in a row plus holidays away.
Which was all granted.
The possible breach is normal things not allowing me to see her or going out the country without notice e.t.c

Does it state that your child lives with her mother and visits or has contact with you?

I think, in the circumstances, as the situation has changed so radically, you could write to the court, explain what has happened as briefly as possible, that you are supported by Social Services and ask for the case to be restored urgently, so that the order can be varied to reflect the current situation.

Hi Mojo

Yes it states that lives with mother and spends time with myself.

I would say that this is an unavoidable breach, but it is still a breach of the existing order. Give the court a call and explain that you wish to ask for permission to restore your case as per the order, I think it would need to be a request in writing, but they should advise you about what you need to do.

All the best