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I am writing to give my experience of the last three years of my life. From divorce to care proceedings.
Three years ago, I separated from and divorced my former wife, our daughter was just 2 years old at the time. Unfortunately, and is all too common, I was unlawfully denied access to my daughter for no other reason than my former wife was trying to hurt me. I spent the preceding 10 months trying to negotiate via lawyers and the courts to what eventually became a weekend contact arrangement. Prior to separation I spent a larger proportion of the week caring for our daughter and therefore had a very strong relationship with her. The unfortunate aspect of the legal system is that it favours presidents and ones that can be proven, however they came about. As I was initially offered nothing, anything was classed as an improvement despite what previously existed.
Six months into this new arrangement, I witnessed suspicious bruising to my daughter which was ultimately safeguarded and lead to care proceedings. The Nursery and I had witnessed these marks and I hadn’t had contact for over a week, this contact was a car journey. Despite this the local authority saw fit to remove our daughter from both parents and put her into care for 9 months whilst the court process ran.
As can be imagined, the stress and trauma of having a child removed in such a situation where you know you are innocent of any wrong doing leaves you feeling helpless. I had very good legal representation but nevertheless, the local authority was not willing to remove me, the Circuit Judge even stated within the first month that the Father should not be within the pool of potential perpetrators as it was implausible that 2 injuries were inflicted by two different people at different ends of the week.
Throughout the case I was allowed supervised contact with my daughter for a few hours per week whilst my interaction was observed by Social workers. The reports I subsequently received were all positive and referred to my very strong bond and parenting ability. When the Section 7 report was released it referred to the positivity of my daughter residing with myself and partner. It also references my former wife and mother of my daughter in a somewhat negative light. There was heavy criticism of her ability to parent, relationship with our daughter and wider social issues within her family including her living arrangements.
Throughout the hearings very strong arguments were put forward for me to be removed and our daughter returned to my care. Unfortunately, these were ignored by the local authority, instead preferring a child stayed in care. At this stage the judge was not able to overrule. What did become evident later in the case was that I would never be removed. Preferring blame was equal. This ultimately meant any future children would be at risk of removal. I therefore had a Barrister tasked with removing me ultimately at the cost of justice.
The local authority lost control of the case which had already overrun by three months and effectively collapsed it resulting in everything returning to status quo within a week. The Local authority, Social workers, Guardian and Judge all had the opportunity to place a child with the more capable parent. They chose not to.
There were many ‘professionals’ involved with this case but very few of them were putting the needs of a child first. Policy and procedure seem to overrule common sense.
Hi there,
I can't imagine the distress for your daughter in care... you must be distraught about this lack of joined up thinking, it's tantamount to abuse when you are perfectly able to care for her.
If the case has collapsed, has the situation been able to move forward at all.
You might like to contact the Family Rights Group, they are experienced with cases such as yours.
www.frg.org.uk
All the best
The situation has now moved on from the court arena. Legally there is nowhere else to go, I have pushed it as far as is sensible.
I am currently working with her mother to make the best of a bad situation. Educationally it is very much at arms length given that I don't have the day to day care. Mainly weekend contact.
I have been given many different insights into the legal process and dealing with Children's Services. Some views are from professionals un-linked to the case.
It does seem concerning how biased the system is and how well know. There doesn't seem to be an end in sight despite the image they like to portray. If the situation were reversed, I would not be given an unofficial second chance with a final warning.
Each parent should be seen in their own right, their gender should not matter.
I agree with you... all you can do is keep a close eye on the situation, it's possible that she will "re offend" and it's hoped that she wouldn't get a second chance.
Has the mother admitted that she was physically abusing your child? Without that she's likely to continue, as admitting something is an essential first step to changing such behaviour.
Allthe best
She has never officially acknowledged it but we have heard from my daughter that 'mummy hits me'.
We suspect she was advised not to because of the police involvement, otherwise she should have, to stop the case before it started.
At present we don't believe it is happening. Emotionally my daughter is a little behind so can shut down at times. This is understandable given her life so far but is growing stronger each day.
As you say, it is unfortunately a matter of time before something happens again.
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