Child taken by mum despite a child arrangement order

[Triple8]

Hi

Will keep it as brief as I can.

August 2017 alleged assault by my daughters mum's boyfriend, SS file it with police, "Sexual Assault of a minor"
Jan 2018 Safety plan keeping him away from contact prepared by SS agreed by parents
August 2018 Mum files for 50/50 safety plans stays in place.
Feb 2019 Final Hearing I have residency by status quo, mum gets contact alt weekends half holidays.
Jan 2020 daughter states that bf has pinched her thigh whilst holding a cat, police informed, new crime number.
Feb 2020 Initial child protection conference. the professionals say I am emotionally abusing my daughter. Mum files to court A C100 and also C1A allegations of harm and domestic abuse. First time I have heard of this, never brought up in court
March 2020 receive Child Protection Plan, and have completed my side of this plan. and mentioned this at a core group meeting. Mum mentions she is moving, but doesn't disclose address. Mum ha s contact weekend, I fetch daughter from a location.
April 2020 Mum has contact as usual plus first weeks Easter holiday. April 10th she doesn't bring her home, I get a text message saying "I w2ill not be returning ##### to you today. We have considered this deeply and taken legal advice and have come to the conclusion that she must be safeguarded to the best of my ability and that is to keep her here at the moment."
I have asked what she meant, she said exactly what I said. I said can you be specific as your breaking the court order. She said I am aware and that #### well being is more important than the court order.

I have filed a c79 form with the courts to enforce the order and return ##### back home. I have also asked that mum gets supervised access from now on as she cannot be trusted to return her in the future.

Social Services are aware of the situation and that's all the contact from them I have had.

I am really struggling as I want ##### back home

Also there are no safeguarding issues, the police have seen the text and say that she hasn't received any form of legal advice. Social Services haven't even asked mum to bring her back

[Suzie, FRG Adviser]

Dear Triple8,

Welcome to the Parents Forum. I am Suzie the FRG’s online adviser.

I am sorry to hear about the ongoing dispute between you and mum about where your daughter should live and who she sees. I can see how worried you are about mum not returning her to you after contact. I can see how unfair it is, (not least for your daughter)for a court order to be breached. You have done everything you need to do -by applying to family court who will be dealing with your application.
The Child Law Advice service and Families need Fathers could advice you further about the court process as this is not within FRG's remit.

I think you are saying that children services should be doing more in relation to your daughter being returned to you. However, they can only remove a child from a parent if the parent agreed or of they obtained a court order themselves. Instead, they will be expecting the family court to be make the decision. However, the social worker may have some influence in that decision as she may be asked to prepare a welfare report for the court.

I assume that children services have mum’s address. They will be expected to see your daughter regularly (or see her via video link) as part of the child protection plan. Ask them about their visits. How is your daughter presenting?
Given mum’s partner was considered a danger to your daughter in the past, ask the social worker's view about this. Is this still the case? The family court had allowed mum weekend contact. This suggests that the court considers mum as being able to protect your daughter from any risk or that the court decided he was no longer a risk.
Could the social worker pass on letters or presents to your daughter to keep some level of contact going?
Given your difficulty in getting information from the social worker have a look at our tips for working with a social worker.

I can see that you are working very well with children services, having completed the tasks you needed to do as part of the child protection plan. That is really good news.
Do you understand why the professionals think you might be emotionally abusive to your daughter? Have you been advised what to do to reduce any potential risk of this?
Here are some FAQ’s about child protection .
Here is information about emotional abuse.

I hope this advice helps but if you need further advice, please post again or call our advice line for in-depth advice.

Best wishes,

Suzie

[Triple8]

Hi Suzie

Thank you for the reply.

I filed an Enforcement Order 2 weeks ago and I am now awaiting to hear from the family court. However, I have a feeling this wont be heard as Mum filed for a C100 and also a1c Allegations of domestic abuse and harm back in February 2020, this is being heard remotely end of May. There is also a review of the child protection conference/plan 14 May.

This dispute with mum will just not go away. I have tried everything that I can think of.

Childrens services are saying that, our daughter said that my partner smacked her, that she doesn't go out, that I was angry that she told the police the truth about mums boyfriend. Childrens services are saying she is scared being at mine. So mum kept her at hers. I wasn't asking Children's Services to remove the child, but to say 'look you have broken the order, you need to take her home and get legal advice.' This doesn't seem to have happened. Child Services are now saying that ***** should stay at her mums.

Yes, Childrens services do have her address. I do ask about those visits but I feel they are hiding certain things.

What I am led to believe is that mum's partner was asked to attend a local police station to be interviewed. I was told by the police that would have been under caution etc just as if he had been arrested. So am I right in thinking that this would be filed and flagged if the courts/Cafcass asked for cautions. arrests etc?

In the Child Protection Conference minutes the chairperson made a statement under the Strengths and What's working well section. She stated that there was contact between daughter and mum via a court order and that a safety plan is in place for ***** when is at her Mums. That plan states that mums partner cannot be present when daughter has contact with her mum. However, this only stipulates on a Wednesday evening, not weekends (This was implemented Jan 2018 as mum only wanted her on that particular evening.)

This current Social Worker is very 'Child should be with mother' attitude, just like the rest of that department. I had a complaint upheld for that very reason. Even the police find in weird that a dad has residency of a child!!!!!

I have ticked the boxes I needed to do on the plan, however due to Coronavirus, moving further forward with the plan has stopped.

What they put on the plan from the initial conference I have followed to the letter. Including not talking negative about mummy's partner which was point number 1.

I do know that our daughter is very confused and doesn't explain herself well. I also feel that Children's Services are taking things out of context and twisting what daughter is saying. What she probably didn't tell them is that her and my partner play chase when its near bed to see who can get ready first and my partner tagged her on the way up the stairs.

No Children's services haven't advised what to do to reduce the risks.

Core group meetings should have been 3 before Review date, There has only been 2. 1 was in school (before CoVid-19) 1 was Social worker and school, despite me waiting on that call. She claimed it was for professionals only!! 2 Core Group should have been last Tuesday that was 3 different phone calls with 3 different answers, So in my opinion there has only been 1 Core group meeting.

**Update**

Following a call last Tuesday I was told that my daughter had fainted or passed out on 2 occasions since she has been at her mothers. Apparently 1 was she was running in the flat and fell went to A and E and the other she had cut he finger went to GP. In 8 years that I have had my daughter, she has never fainted or passed out. Also I also found out that daughter is being looked after by her 13 year old brother whilst she is at work. Also during this CoVid-19 lockdown, my daughter is regularly leaving the flat and going to another persons flat down the road!!!