Hi in a situation where partner has hid from me he has a conviction for a sexual offence against a child. Not on any register or restrictions happened a while ago. His mum knew about conviction but hid this also. CS are now involved and are putting a safety plan in place for my 2 year old, where do now ex partner and MIL stand with getting custody or unsupervised contact? They are seeking legal advice. Neither of them are currently allowed unsupervised contact and this is in the safety plan.
I’m thinking a judge may give contact centre access maybe?
Not sticking to safety plan
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Suzie, FRG Adviser
- Posts: 4996
- Joined: Mon Jul 04, 2011 2:57 pm
Re: Not sticking to safety plan
Dear JJDE4,
Welcome to the parents' board and thank you for your post.
You say that your ex-partner has hidden from you that he has a conviction for a sex offence against a child. He is not on the sex offenders register or subject to any other restrictions. Your ex-partner's mother was aware of the offence but did not inform you. Children's services are now involved, and have put a safety plan in place. This states that your ex-partner and your mother in law should not have unsupervised contact. Your ex-partner and his mother are seeking legal advice and you would like to know whether they would be granted full custody or unsupervised contact.
Firstly, children's services are concerned about the risk your ex-partner may pose to your child due to his previous offence. They will also be concerned about the fact he did not disclose this information. They are also concerned about your mother in law's capacity to protect your child, given that she was also not upfront about this conviction. This has led them to recommend that neither of them have unsupervised contact with your child as part of a safety plan. Whilst this may be a recommendation, a safety plan is not a legally binding document - nevertheless, if either you, your ex-partner or his mother do not follow this, the social worker may become concerned that you are not acting in the child's best interests.
Your partner and his mother are seeking legal advice. Your ex-partner, if he is the child's parent, has an automatic right to apply to the courts for a child arrangements order. This means that a judge will look at the case and make a decision as to who the child should live with and who the child should have contact with - and whether this should be supervised or unsupervised. I cannot tell you what decision the judge may make - however, the judge's paramount consideration will be the child's welfare and he or she will consider something called the welfare checklist. As part of any court proceedings, the judge will also ask the social worker to submit a report of their recommendations - this is called a section 7 report.
Your child's grandmother does not have an automatic right to apply for a child arrangements order and would have to ask permission from the court before making such an application. If she is successful in getting permission to do so, the judge will make a decision regarding contact in the same way I have described above.
I hope you have found this helpful.
Best wishes,
Suzie.
Welcome to the parents' board and thank you for your post.
You say that your ex-partner has hidden from you that he has a conviction for a sex offence against a child. He is not on the sex offenders register or subject to any other restrictions. Your ex-partner's mother was aware of the offence but did not inform you. Children's services are now involved, and have put a safety plan in place. This states that your ex-partner and your mother in law should not have unsupervised contact. Your ex-partner and his mother are seeking legal advice and you would like to know whether they would be granted full custody or unsupervised contact.
Firstly, children's services are concerned about the risk your ex-partner may pose to your child due to his previous offence. They will also be concerned about the fact he did not disclose this information. They are also concerned about your mother in law's capacity to protect your child, given that she was also not upfront about this conviction. This has led them to recommend that neither of them have unsupervised contact with your child as part of a safety plan. Whilst this may be a recommendation, a safety plan is not a legally binding document - nevertheless, if either you, your ex-partner or his mother do not follow this, the social worker may become concerned that you are not acting in the child's best interests.
Your partner and his mother are seeking legal advice. Your ex-partner, if he is the child's parent, has an automatic right to apply to the courts for a child arrangements order. This means that a judge will look at the case and make a decision as to who the child should live with and who the child should have contact with - and whether this should be supervised or unsupervised. I cannot tell you what decision the judge may make - however, the judge's paramount consideration will be the child's welfare and he or she will consider something called the welfare checklist. As part of any court proceedings, the judge will also ask the social worker to submit a report of their recommendations - this is called a section 7 report.
Your child's grandmother does not have an automatic right to apply for a child arrangements order and would have to ask permission from the court before making such an application. If she is successful in getting permission to do so, the judge will make a decision regarding contact in the same way I have described above.
I hope you have found this helpful.
Best wishes,
Suzie.
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