What if a Judge distrusts the parents

[bayescr]

In care proceedings where the father deemed the risk and mother the protection.

The judge and guardian were close to making a supervision order, but an unsupervised contact came to light at last minute. It was believed that Mother was the able and credible protector of the child in the presence of the Father, but the unsupervised contact casted doubt over the Mother's compliance with the contact arrangement and allowed Father to meet with the child. There is circumstantial evidence that the parents met but no hard evidence.

The judge refused to make a final order, due to that event.

The Local Authority was pressured to reconsider their application but they held their stance for a supervision order.

The likely path will be that the parents tell their story but nobody believes. The judge will just distrust the parents' story on the balance of probabilities, but Local Authority remaining that their care plan is sufficient.

- What can the parents do to re-gain trust after the loss due to the unsupervised contact?
- What can the judge do if she just decides to 'distrust' the parents, especially the Mother? There is no evidence to prove or disprove the unsupervised contact, it is just a story-telling exercise
- What if an impasse remains between the Judge and LA after 2 rounds of reconsideration?

[Suzie, FRG Adviser]

Dear bayescr

Welcome back to the parents’ discussion board. Thank you for your post. This is Suzie, Family Rights Group’s online adviser.

I understand that you are still in care proceedings for your child who lives with their mother under an interim supervision order. I am sorry to hear that there has been a delay. You explain that the judge refused to make a final order (the local authority recommended a supervision order) as the court became concerned that there was a breach of the safe contact plan where the child’s mother allowed their father to see them unsupervised. You say that there is ‘circumstantial evidence’ that this happened but no hard facts and you are concerned this will now be a ‘story-telling exercise.’ You want to know how to rebuild trust and what the judge’s decision might be.

It is best that each parent discusses this development openly and honestly with their respective solicitors and asks their legal advice on what to expect. They have all the relevant information and represent each parent in court.

The court will be aware that parents make mistakes but if a mistake puts the child at risk or likely risk of harm then they must consider all evidence in relation to this. The standard of proof used in care proceedings is the balance of probabilities . The judge considers all the evidence they have heard and so it may not be helpful to equate this to a story-telling exercise.

In terms of rebuilding trust, I can only suggest that when parents are transparent about what has happened and why, when they show an understanding of the concern and an insight into how this affects their child, they are then better placed to demonstrate to the court that they will be able to keep to recommended arrangements for their child in the future. But your solicitors should help you respond and prepare you for the next court hearing including providing their legal advice. It is a good idea to also check with your solicitor what the Guardian’s view is too about the matter.

Please see our care proceedings advice for more information about the court process and how decisions are made.

I hope this helps.

With best wishes

Suzie