Contact with our children

[fymlor]

Hi
Just wondering, if I am getting the right advice from our solicitors and the family judge, because they are saying not to see the eldest children as they have made the accusations which are not true.
Our final hearing is not till end of February and the criminal trial not till end of January. At the moment we can not see our 2 eldest children because of bail conditions, but surely we should try see them with the court to rebuild what say may have gone wrong and get the bail condition removed?
Other wise we will grow apart as it will then be nearly a year since we saw them!
Are the not supposed to promote a family getting back together under supervision and guardian encouring the children to meet the parents

Thanks

[Suzie, FRG Adviser]

Dear Fymlor,
I am sorry to hear that you are not having contact with your older children at the moment. It seems unfair but is normal when there is a criminal case and your children are witnesses. The police have to make sure that the evidence that your children may give in court is accurate. If you had contact with your older children then the police would be worried that you may influence them to, for example, change their statement. So the family judge and your solicitor seem to be taking the correct approach.
I think it is still a good idea to speak to your solicitor or the social worker about what efforts they can make to promote contact after the trial has taken place. When children are in care (subject to an interim or full care order) the local authority must allow a child in care to have reasonable contact with his or her parents unless the court has given permission for them to refuse contact.
Are your older children having contact with any relatives-this can help maintain links with the family and make it easier for contact to start again at a later date. You could also make sure the independent reviewing officer (IRO) knows your views about contact. The IRO, at every” looked after” children review (LAC review) will consider the care plan of your children including contact with family. In fact, the local authority is under a duty to find out your views before any LAC meeting takes place.
FRG’s advice sheet about contact for children in care is worth having a look at. It sets out the law but also government guidance and research about contact,
Please post back if you want further advice.
Best wishes,
Suzie

[ange301126]

I hear Suzie's comment that it is USUALPRACTICE for the Police not to allow contact with children when they are witnesses in a case. The problem is solicitors appear to be unable or unwilling to put any arguments forward which disagrees with Police or Social Workers on the grounds that everything those two agencies do is in the interests of children involved and the status quo not questioned.
To any normal human being it is absolutely inhumane to dissallow a child/children to have their contact with natural parents to be denied and their lives interfered with in such a way in such a way.It is also against their huiman rights not to be allowed free speech.Clearly social workers and Police are able to talk to and influence them whenever they want. Should Police be worried that Parents might bring undue influence thencontacts can always be supervised. Let your solicitor demand supervised contact.

[Suzie, FRG Adviser]

Hi Ange301126,

I am glad that you have posted about contact between parents and children looked after by the local authority when there is an ongoing police investigation. I do agree with you- that parents should challenge decisions made to stop contact. Supervised contact and other forms of contact should be explored by children’s services before decisions are made to stop contact. Any decision should be compatible with person’s rights under the European Convention of Human Rights.

Our advice sheet on contact with children accommodated by the local authority has discussion about how social workers should take into account a parents and child’s human rights when making decisions about contact. This includes involving you in the decision making process.
contact with children accommodated by the local authority
If the children are subject to an interim care order or care order (which appears to be the case with Fylmor- ) then there is the added safeguard about stopping contact. Contact can only be stopped for 7 days in an emergency. Children services must then give written notice explaining why they have stopped contact and how it can be challenged through the court. This notice goes to the parents, child(unless it is not appropriate) independent reviewing officer and other relevant people,(such as the children’s guardian).
The parents will then have the opportunity to challenge the local authority through the courts. Their solicitor can get an urgent application before the court. The children will be represented by their solicitor and children’s guardian will be deciding what’s in their best interests. The judge will then make a decision.

Here is a link to advice sheet about contact with children who are subject to a care order, interim care order or emergency protection order.
contact with children in the care of childrens services
This advice sheet also refers to different research about the importance of contact between family and children in the care system-this is definitely worth looking at and parents can always refer social workers to the research.

Best wishes,

Suzie