[Solved] What do we do now??? Enforcement Hearing Today

Hi There,
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As I've said before I'm not overly experienced in this, but I will flag this post with both Mojo and Yoda and ask them to have a look and offer advice, they may not be online until much later and maybe not even today, so keep checking back as I'm sure they will answer as soon as they can for you.
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GTTS

Thanks GTTS

As daft as this sounds lolly this seems like a positive step to me.

The judge while clearly quite apathetic has just given the go ahead to contend residency.

1) Submit an application for residency. I think you have very strong grounds for this now and if you include on the application that Judge X said for you to do this

2) the GAL will be a CAFCASS worker and will appoint a solicitor to act on the legal side of things. And yes the guardian may well listen to all the [censored]. You will likely have to have a finding of fact or likely S7 report. You now need to say you have serious concerns and here is the proof.

3) if she has a solicitor, write to them and request the counsellors details and ask that they be provided immediately (attach a copy of relevant documentation from separatedads (on phone so cant link)

4) the form you need is a C2 (but contact your local Court as I do know some allow a variation to be made as part of a continued case if you raise it with a Judge). If in doubt write in asking if you submit a C2 or the Judge is happy to continue as part of this case but to amend tour C100 (unlikely).

Where in the UK are you?

Thanks Yoji

We live Scotland & child in Doncaster.

We have counsellors details but he refuses to divulge anything to my Partner claiming child is Gillick competent and doesn't want his Father told anything. I think being told child has threatened suicide at aged 10 is alarming and I'm shocked the counsellor won't pass on the information he has written in a letter to the Mother (allegedly) which she tried to give to the Judge but he wouldn't take it.

I'm even more shocked the counsellor cannot see the mother for the liar that she is. She self-referred child to the counsellor.

Should my partner write again to counsellor and demand he sends the information to him in view of the claims of suicide made by the mother??

For now follow the steps above.

You could try and use the Court ruling regarding parents having an active role and including that Judges ruling on the issue.

Ultimately, if they wont budge on it ask the Court to make a direction. 10 is very unlikely to be Gillick competent. I would have a hunch that the counsellor is on Mums side here. She sounds manipulative from what I have read. They are all the same jn that regard.

Can we ask the counsellor to supply the information under the data protection act?

If he refuses, can we complain to the Counsellor's Superiors?

Hey lolly - I can't add anything to Yoji's advice, it's exactly what I would advise too for now. If the judge has advised to apply for residence then do it. The Guardian can be from CAFCASS or NYAS & a solicitor instructed too.

Good luck

Ignore the DPA, its not worth it in that regard.

Write a letter asking for a summary of discussions.

Use this:
http://www.gmc-uk.org/guidance/ethical_guidance/children_guidance_53_55_access_to_medical_records.asp

And also this:
http://www.separateddads.co.uk/your-right-be-kept-informed-about-your-child-guide.html

It contains some nice little pointers. Beyond that you could escalate it to a complaint stage citing as a 10yo contemplating suicide they are not being professional or dutiful but unprofessional and neglectful.

Again, beyond that stick it in an SIO and have that force the counsellor to release this information. I think they would have a hard time arguing against a Judges orders.

Thanks again all.

The Judge was not interested in the counselling as he'd not ordered it. In all honesty I suspect the counsellor hasn't written a report claiming the child was contemplating suicide, I think this is more lies but just want to see what the counsellor actually wrote so we can use it as evidence.

Thanks for the tips Yoji.

My Partner is planning to ring social services in view of what mother says about child contemplating suicide as he's concerned she's stupid enough to possibly do something stupid. You read about all these parents who kill their kids to stop the other parent having contact! She really is off her head and this just proves it.

I'm a psychotherapist and specialise in working with children. It's not actually that uncommon for young children to say things like "I wish I was dead", especially when they are caught in situations like this. Without wanting to minimise this boy's distress, it's rarely as serious as it sounds and often more like shorthand for "This conflict is unbearable".

10 is very young to be considered Gillick competent but the counsellor is within his/her rights to set whatever limits on confidentiality that they like - it just has to be made clear the start of the work. It would be very unusual to have one parent informed and one parent excluded.

If you want to make a complaint, ask the counsellor which professional body they are accredited by (probably BACP, UKCP or NCS) and for a copy of their ethical code. Unless the counsellor is employed by the NHS then counselling records aren't classed as medical records.

Edited to add - bear in mind that this counsellor may be a genuine source of support for the child and that if Dad pushes too hard, Mum may end the sessions, leaving the child without support. It doesn't sound like the counselling would have any negative effect on the Dad's case at all. The judge isn't interested, it hasn't been court ordered. We already know the child is seriously distressed and that's all that confirmation of the sessions would include. If Dad has serious concerns about the child's state of mind, it would probably be more productive to speak to the school and GP and ask what support they can offer.

Thanks for the advice. Very useful.

Can I ask if we're to complete form C1A to attach to the C2 raising concerns that the child is coming to emotional harm because mum has said she won't permit contact and should we mention the incident where mum kicked off at school?

My Partner has asked for a call with child's GP.

Mother's solicitor sent a letter today asking for copies of all emails between my partner and school. We are ignoring that request as we know Mother wants to find out what's been said for her discipline hearing.