Dear User1991,
Welcome to the parents' board and thank you for your post.
Your son's father has recently been convicted of possessing indecent images and is now subject to an electronic tag and an SHPO for 5 years. During the time he was under investigation, there was involvement from children's services, and he had no contact with your son. He has now applied for contact through the courts, and you are worried about what this might mean for you and your son.
Your son's father has made an application to the court for a child arrangements order. This is an order that regulates with whom a child is to live, spend time or otherwise have contact. As is usual at this point, you have been contacted by someone from CAFCASS in order to gather some preliminary safeguarding information. The next step in the process is likely to be a first hearing dispute resolution appointment (FHDRA) at court. At this hearing, the court will either make a final order, or if there are disagreements or safeguarding concerns that need to be investigated, directions will be made as to how your case should proceed.
Depending on the issues in your case, this may include further reports such as a section 7 report from your son's social worker. A section 7 report will involve the social worker speaking to you, your son's father and your son to better understand everyone's views and wishes. If you feel concerned and worried about your son having contact with his father, this is a good opportunity to express this to the social worker and to explain why. The social worker will make recommendations on contact to the court based on your son's best interests. You can represent yourself during this process as a litigant in person or you can hire a solicitor to represent you.
It is difficult for me to say what your son's father's chances are of having contact as each case is different. The court will usually presume that a child's best interests are served by the involvement of both their parents in their life, unless there is evidence to indicate otherwise. When making any decision about a child, the court will consider the child's welfare as paramount and will take into account the
welfare checklist.
An application for a child arrangements order is private law proceedings and you may wish to contact Child Law Advice on 0300 330 5480 for advice.
You may also wish to contact our advice line on 0808 801 0366 regarding children services involvement. The advice line is open from 9.30 a.m. to 3.00 p.m. Monday to Friday.
I hope you will find this helpful.
Best wishes
Suzie
