What if I won't comply?!

[Cellbar]

Hi everyone - back again with more frustrations.

Section 7 Report is back with some ludicrous reommendations that I will not agree with under any circumstances. What can I do?

We are due in court again this week and we have only just received a copy of the Report itself which has left us no time for getting legal advice (we ar self litigating, unable to afford a Solicitor).

I still have to ask the question, whats the point of an SGO if you can be taken to court by parents (on legal aid!!) at the drop of a hat for Contact?

The parents are now expecting a 3rd child to add more confusion to the mix and the report does say that nothing should change until after its birth to see if they can cope, but that just delays the process again and I am totally fed up with it. We should not have to keep going through this.

How can I put over to the Court this week that I, categorically, will not adhere to what the report recommends - its major steps backwards in the situation we have - we have had the SGO for three years now and there are no plans for rehabilitation so why change things?! Do they have to take on board the recommendations?

One thing was family mediation - I don't want anymore, its pointless - if they (the Judge) says yes to it, can we be forced into doing it? I totally disagree with it and need to put this over succinctly to all concerned.

Any advice greatly appreciated.

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We are the only ones who make life difficult...

[Robin D]

Hi Cellbar.

You could take the line that these are ludicrous proposals but that's unlikely to impress the judge! [;)]

In my humble opinion, you need to see if you can dismantle key parts of the report if you can. For instance, are any of the proposals simply unworkable? If so you need chapter and verse about why they are unworkable, making sure that you get the message across that they were not discussed with you prior to the report being written and submitted. Make sure you point out when you received the report and approximately what percentage of the report was news to you.

If you can gradually show that the report has been badly prepared and written without actually saying so, all to the better.

Focussing also on the needs of the child for a stable and caring home, and point out that it was the reason the court awarded you the SGO in the first place. It's fine this reopening the discussion and doing the welfare checklist each time, but what is the impact that all this is having on the child if only because its putting you under massive stress. Trying to couch things in terms that show the impact or potential impact on the child is a good way to go.

If there are any factual errors, take a list with you together with any supporting evidence if you can.

Make sure that the section 7 report is complete. Pay particular attention to the welfare checklist. Has the writer properly looked at the categories, or is there another angle they have not looked at. You might find [url=http://www.proceduresonline.com%2Flambeth%2Fchildcare%2Fclient_supplied%2FForms%2520Library%2FPrivate%2520Law%2520Child%2520Act%2F9.%2520Section%25207%2520Report%2520template.doc&rct=j&q=section%207%20report%20template&ei=GeJjTYSaKI-r8AOpmcXxCA&usg=AFQjCNFo0eGUoKOJvBLoicrwkjV02ZBFxw&sig2=UW75VlVAt5dczme8-a3x2g&cad=rja]this document[/url] useful as a comparison.

You might also like to seek free advice from the Childrens Legal Centre who will be bang up to date with recent cases and may be able to give you good guidance.

Good luck ..... Robin

Grandparent carer in Suffolk [:)]

[Robin D]

By the way, in answer to the question in the thread title, don't every worry about it yet. Concentrate on getting the recommendations rejected by the court, then you don't need to worry about not complying! Don't waste emotional energy worrying about what may never happen!

[[[Hugs]]]

Grandparent carer in Suffolk [:)]

[fatcat]

hi

you cannot be forced to attend mediation, as it is supposed to be a voluntary process.

tell the court why the proposals are unworkable and advise that you will be unable to comply with them. are there any of the recommendations that you feel that you can accommodate? if so offer these as the compromise.

what's the worst that can happen? the court won't remove the children and sending you to prison would only serve to cause trauma to children that have already been through enough, and fining you will have a detrimental impact upon your ability to meet the children's needs.

good luck

[Cellbar]

Unbelievable!

we are in court tomorrow and we get ANOTHER court paper through this morning - they are seeking to alter the SGO now!!

Is it right that the mother does not need to seek leave of the court to alter the SGO? I thought anyone had to get permission to make an application. If not, whats the point of the SGO in the first place?!

They are now trying to stop us from taking the child abroad even though we have permission of the court to do so!

What can we do?

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We are the only ones who make life difficult...

[Robin D]

Can I suggest you ring FRG urgently. This may be a case where they have a solicitor or barrister might take this on pro bono because it has such an impact on the the intentions behind special guardianship.

I've just realised the help line has just shut. Given the time-scale and change of scope of the hearing, you might be best to ask for an adjournment while you seek advice. Whatever you do make sure the judge is aware that you are self representing and that this alteration to the SGO is new to you today. You might find the judge throws it out anyway or asks CAFCASS to get involved.

You might also want to try ringing the children's legal centre as they are open until 5pm.

I'll keep this short to get it posted for you to see.




Grandparent carer in Suffolk [:)]

[fatcat]

under SGO you are allowed to take a child abroad for up to three months with out the need of permission from either the court or anyone alse with PR.

if they want to challenge the SGO they first have to seek leave of the court to do so before the application can even be made.

it would be worth reminding the court of the responsibilities conferred upon the SGO, that you have been entrusted by the court to make decisions in the hcild's best interests and that you feel that the birth parent is being deliberately obstructive and creating mischief because she can.

[Cellbar]

Thanks Robin D - have spoken to them a number of times but I did get some duff info at one point which made me panic but its all ironed out now.

I asked about the leave of court to make the application as I was aware they were supposed to do this and it would appear they have not done so, so thats one argument for an adjournment at least, the other is that we have not had time to obtain legal advice, but I managed to speak with the Legal Advisor who will be in Court to tomorrow so he is at least aware of the situation we are in which I am hoping was a good move! [:D]

Got to turn up and contest and ask for adjournment - wish us luck! [}:)]

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We are the only ones who make life difficult...

[old bear]

hi cellbar,

luck

and i know you've done this self-representation-in-court thing before, but can i suggest you write down your sentence about needing an adjournment, on a piece of paper, and read from it ~ use it like a prop in a play
~ you wish to oppose their attempt to change a previous decision of the court allowing you to take child abroad
~ you need legal advice (quote the thing robin said) "because it has such an impact on the the intentions behind special guardianship
~ you need an adjournment because you only received notice of their intention to do this yesterday

and if they say you've had advice from the legal adviser, point out that s/he is not your legal adviser and you need someone who will advise from your and the child's point of view.

~
as to the just-received report ~ i think you should look back at your first post on this little bundle of posts ~ tell the court that the recommendations are "major steps backwards in the situation we have - we have had the SGO for three years now and there are no plans for rehabilitation so why change things?!
~ that because of the implications you need to present your case fully and the timing of the report has not allowed you time to do this, so you need to be given time to prepare your case
~ then when, hopefully, you do get time, there's good advice here, and i think robin's absolutely right, concentrate on "dismantling key parts of the report"

but again, for tomorrow

luck
and strength
old bear

[Kate]

Echoing all that old bear has said, Cellbar. All the very best to you and please update us later. {{{{{{{{{hugs}}}}}}}}}}}