Social services recommendation for supervised contact

[SMo2825]

Over the last 12 months or so I’ve had a call social services every 4-6 months telling me my ex husband has behaved in a way that raises concerns when he has time with our 2 children (10 & 14)
Until recently he saw our kids once a week on average but took them out somewhere. It was always somewhere public (he doesn’t have accommodation to have them overnight)
The latest call from SS recommends supervised contact due to a mental health referral from a local hospital. He’s since told me he overdose on OTC medicines.
Now I’ve asked for supervised visits, he is taking a while to organise this so I’ve suggested video calls in the interim but he’s now refusing both options and threatening court.
I have child arrangements order for residency already. Where do I go from here?

[Suzie, FRG Adviser]

Dear SMo2825,

Thank you for your post and welcome to the Parents’ Forum.

My name is Suzie. I am an online adviser and I will be responding to your enquiry today.

You explain that children’s services have contacted you several times to inform you that your ex-husband has behaved in a concerning way while spending time with your children. Recently they have advised that the contact between him and the children should be supervised. You have asked your ex-husband to organise this, but he has not done so yet. You have suggested video call contact in the meantime. Your ex-husband is now refusing both the supervised contact and the video contact option and is threatening court action.

Family Rights Group are not a specialist agency on private family law matters. In relation to your ex-husband’s threats of court action I would suggest that you look at the relevant information about child arrangements orders and contact on the Child Law Advice website here.

Children’s services have asked you to organise the contact differently to ensure that the children are safe from harm, so if your ex-husband were to bring the matter to court their advice would be relevant as an explanation for the changes you have put in place and the requests you have made to him.

I do not know all the details of the contacts that have raised concern, but it may be possible that your children have been distressed or confused by their father’s presentation. You mention that their father has been referred to mental health services. Under section 17of the Children Act 1989 children’s services have a duty to assist and befriend children in need in their area. If you feel that there has been an emotional impact on the children, you could request that children’s services to complete a child in need assessment. You can read more about child in need assessments and plans here

I hope this information was useful to you.

There are many different ways to contact Family Rights Group if you seek further advice in the future:

• A free telephone advice line open Monday to Friday between 9.30am and 3pm (excluding Bank Holidays) on 0808 801 0366
• Easy-to-follow online information. Features include an A-Z, FAQs, films, ‘top tips’ and legal advice sheets;
• An advice enquiry form to submit an email enquiry
• A webchat service where you can message an adviser online, who will help you find information and advice to support you.
•
Best wishes,
Suzie

[benion]

Prior to court you would both have to attend a Mediation Information and Assessment Meeting or MIAM for short. You will be exempt from this if you are a victim of DV.

My advice is that you ignore his threats. If he chooses to apply to court filing a C100, you should respond with form C7.

If you are on a low income and a DV victim, you can get Legal Aid. Otherwise, if you cannot afford a lawyer, you can be a Litigant In Person (perhaps with the assistance of a McKenzie Friend).

Remember, SS are on your side and you are following their recommendations. CAFCASS can sort this out. Also remember that these threats of court may be completely idle ones, in which case you do not need to worry about court at all.