Residence Order

[charmed1]

Another battle I'm fighting.... My ex husband gained custody of our two children three years ago. They are now 11 and 15. The social worker helped my ex with his application and they have lived with him ever since. I have a contact order which is completely ignored. It should be every other Sunday phone contact and alternate Sunday to take them both out minimum 3 hours at a time.

My ex husband met someone and they moved in at the same time as the social worker was helping them gain custody. Now they are married I don't see my son at all and my daughter now 11 only wants a phone call once a fortnight.
What rights do I have as my daughter seems to think as she has a "Mum" at home I'm surplus? They get more than I could provide for them, very materialistic, I guess kids are at that age but I'm out in the cold.

As you maybe aware I have an ongoing battle with social services over my youngest two kids with my new husband. The social services made it clear we couldn't cope with four kids and so made steps for my ex to get his two.

I just need some advise as I've tried to take it back to court before my youngest were removed but did a U-turn out of fear mostly as I thought my kids would hate me more even though it was their father who took me to court in the first place.

I'm not about to start another court battle right now and wouldn't get legal aid for private proceedings anyway, but my eldest kids are slipping away and my ex is using them against me in the care proceedings as well.

Any suggestions/advise very welcome.

[ange301126]

Dear Charmed,
I can only advise that you forget about contact with your elder children until you somehow got the case of the youngest back to court.
At least your husband has those two and they are relatively safe!
The youngest are facing a half-life of degradation in foster-care, future emotional problems etc etc.
They need their mum and dad now!

From what you have told us, the judge made it quite plain she expected the case to be returned to her in July in the interests of the children.Their interests are paramount.It isn't unusual for CS department's to act with total contempt for judges, court orders and children if it suits their aims to do so. Indeed, as you have realised yourself, they are highly likely to have misled the court as to the prospects of adoption in the first place . I think the Judge will thank you and give you credit if you return the matter to her.

My worry re;- legal funding you are now awaiting is that , given all the other slip-ups, your solicitors may not have made it absolutely plain in the application that the judge expected the case to be put back before her in July. The children are the sufferers.If you are refused funding, appeal by return of post and put the problems in your own words.You may be more successful.

Meanwhile, perhaps Suzie would advise you what to do if funding isn't granted.
IT IS IMPERATIVE THAT SOMEONE INTERVENES IN THE CHILDREN'S INTERESTS.

Have you tried e-mailing the Director of Communities and People?
Or e-mail the Guardian's solicitors immediately and see if they will get her to act.

Otherwise the CS will continue to show complete contempt for all of you.

[charmed1]

Thanks ange. Yes I agree that I should wait regarding my eldest. Like I said I decided against it when the contact order was being watered down to start with. I'm having to pick my battles though it's devastating not being able to see them.

The only good thing with the fiasco with Legal Aid is that when my new solicitor came on board and wrote up the missing statement it was read out to me so I could agree or make changes. It was 100% accurate and all details such as judges conditions were included so they know that the LA have ignored the order and also attempts by a barrister and solicitor to get answers. No other avenue is open other than the parents returning the case back to court.