Contact progression?

[QuestionMark]

Long story short is that I’ve been supervised from August 2017 - July 2019, which is when CAO holder said I could progress to unsupervised. It felt well deserved, as two years had passed with literally no concerns. I got 8 hours a week unsupervised for a month, until one day I visited some family with my child and, while at their house, my child acquired a scratch. I forgot to mention the scratch at handover as it was so small. Unfortunately, this small scratch led to supervised contact being reintroduced, even though I wasn’t actually alone with my child when this accident happened and I provided and explanation- just not immediately (I later text CAO about it). So contact has been supervised two mornings a week before child goes to nursery. I’m concerned about where I’m going to fit as my child’s life progresses; next September they’ll be in school all day, so where do we see each other then? I don’t see how it’s feasible that the level of contact we’ve had for almost a year can be sustained, but I know that my child needs the time we have together to be sustained. She’s also, on a few occasions, asked that it be just me and her - we had a month where it was just me and her. I’ve previously spoken to a social worker about this before they closed child’s case who advised I get legal advice, and felt CAO holder was being controlling. Unfortunately I don’t have the money to take this back to court, and CAO refused family mediation. Any advice?

[QuestionMark]

Just wanted to add that I was left in a pool of perpetrators for injuries another child suffered. I know it wasn’t me, and I actually have a text off CAO stating they believe it wasn’t me also. Hope this info helps, any advice appreciated.

[QuestionMark]

Any advice on this welcome please

[Suzie, FRG Adviser]

Dear Questionmark,

I am sorry for the delay on responding to your post.

You are asking for advice about a private law matter-contact with your daughter who is placed under a child arrangements order. I can only give basic outline advice about private law matters. Instead you could try the organisations I have listed at the end of my post.

I can see that you were having unsupervised contact with your daughter for some time but after she suffered a scratch whilst in your care, her carer insisted that contact became supervised again.

It sounds like children services are aware of this change in contact as they told you the CAO holder was being “controlling”. Did a social worker carry out any assessment into how the scratch happened to enable them make this declaration? If so, it should be recorded on children services file.
This assessment could then be referred to in any application you make to court, if the child arrangements order holder did not agree to contact becoming unsupervised again.
A Cafcass officer could be directed by the family court to do a section 7 assessment and report. They would examine children services files as part of the assessment.

I suggest you write to the carer of your daughter and ask them to reconsider their decision. If they do not agree, then you may need to take steps to go back to the family court. This may involve you attempting further mediation again-check with a local mediator whether you must try mediation first. Legal aid may be available.
If you do need to apply for an child arrangements order for contact or variation of contact, try Rights of Women, Child Law advice line, weareadvocates or law works to see what free advice they can give you.

Kind regards,
Suzie

[QuestionMark]

Hello,

Thank you for your response. Children’s services were aware of the change in contact, but did not undertake any sort of assessment. I don’t know if they would have been able to? It was a small scratch from a cat on the back of her hand that was gone the next day.

Thank you for the additional information. I’m worried about going back to court; it has only been 13 months since CAO holder got residency but I am anxious to know how contact will progress, especially as my daughter begins to voice her wishes more.

[QuestionMark]

If I took it to court regarding child A, would child B (who is with someone else) be brought into it? As I don’t want that.

[Suzie, FRG Adviser]

Dear QuestionMark

Thank you for your further post.

In response to your question, if you apply to the court for contact in respect of one child, there is no automatic inclusion of the other child, since you would not be seeking an order in respect of that child. He or she would not be named on your application.

To get more information about making a private law application for a child arrangement order for contact, you can contact child law advice on 0300 330 5480.

Best wishes

Suzie