Care Order Being Sought on Monday

[bearcubs2]

Hi,
I'm new to this forum (posting), but I've read so many posts that say near enough the same thing I've been trying to get heard for months following a separation.
The social services are going for a care order for my two boys (both autistic) this Monday & I REALLY need your advice.
PLO & Child Protection began at the same time at the end of this summer. After my ex made five attempts at Residential Orders, all denied, I find that the social services are siding with what he wants. He's undergoing police investigations for dom vio (the emotionally manipulative type) amongst over crimes against myself. These are ongoing, yet the soc are actually siding with him despite the fact that an Interim Care Order (section 37) was only placed in mid-Oct. The CAFCASS investigators have not started yet, so the gun has been jumped.
I have worried about my childrens' welfare yet they aren't listening.
They want to place my boys with the father allowing me two weekends per month "possibly", while the assessments take place.
I was left to care for the children alone since July, there have been periods where their father has not even enquired after them?! YET they see him as the 'more secure option' for parenting.

What do I do? I have a lawyer, who has not been kept up to date by the soc services, who will be there at hearing, but this is really beginning to scare me. It's such a severe thing to do, seemingly with no reason.
There's much more to this, but you'd be reading forever.

[Murray72]

Hi Bearcub, sorry to hear you are having such a hard time at the moment. Have CS only just served you with the court papers, and are you at the local magistrates court or family court? The reason I ask is magistrates tend to be not as experienced as family court judges and can be more inclined to grant iterim care orders, based on less evidence. Your solicitor should find it easier to get info once your in the court system as these proceedings are timetabled.

Good luck for Monday

[bearcubs2]

[quote="Murray72"]Hi Bearcub, sorry to hear you are having such a hard time at the moment. Have CS only just served you with the court papers, and are you at the local magistrates court or family court? The reason I ask is magistrates tend to be not as experienced as family court judges and can be more inclined to grant iterim care orders, based on less evidence. Your solicitor should find it easier to get info once your in the court system as these proceedings are timetabled.

It's gone from Private Law to Public Law for this hearing at the main Civil Courts.
I've been told it's the same judge.
My lawyer has given me the social worker's statement for court & it's basically assuming that I have failing mental & physical health, even though my Dr has denied this. Then it goes on to mention police visits- this is due to the ex getting my neighbour to harass me, as well as keeping up with the current statements as well -it's like the fact I've reported the dom vio (& rape) is being held against me. I've spoken out when the ex warned me not to. It's like I'm doung something wrong following the guidance of Witness Support & the Domestic Violence Helpline. I've heard of this happening to other women (& men) who've spoken out against their abusers. It's happening here & I can't seem to get that heard.
I've been served with no official papers for the motion for the Care Order at all.

It's all moving so fast.

UPDATE: I've received the parental assessment outcomes today. As well as the guardian's assessment (even though he's met my ex & not me). He's going on side of the social services.
So it looks like I'll lose my boys on Monday. As well, they've taken off the side of me having my boys every other weekend too. Without reason.

[Suzie, FRG Adviser]

Dear bearcubs2

I am sorry to hear that you are going through such a difficult time with Children's Services involvement at the present time. I can see you have already received some useful advice from other user's of this forum.

It seems you have a lot to contend with in view of the alleged domestic abuse that has taken place. Have you received support from organisations such as Rights of Women, Women's Aid as they have expertise in supporting women going through similar difficulties to yourself?

Following changes in legislation that took place this year, it is usual for the majority of applications for an interim care order in care proceedings to be heard in a single Family Court.

Depending how much time has been set aside for your case ie 1/2 day, full day this may indicate if it will be a directions hearing, (setting a timetable for evidence to be filed or heard) with a date scheduled for a contested court case to be held soon afterwards at a later date.

If it would be helpful, please feel free to contact our advice line on 0808 801 0366 Monday to Friday 09.30 to 03.30 , where an adviser will be able to advise in more detail about what to expect in the court process. Our care proceedings advice sheet provides further information to support you at this time.

I hope this helps.

Best Wishes

Suzie

[bearcubs2]

UPDATE:

I have received the Guardian's response & even though he hasn't had the time to meet me, he's going in FAVOUR of the social services?!
How can this happen? What is the likelihood of the Judge going with them all?
I'm so scared. The police investigations on their father have not ended yet he's working in the boys' school. If he gets the children I will have no choice but to drop the charges for rape. Otherwise my children will go to his sister or get out into a home or foster care & I'd never forgive myself.

I really need advice, please.

[charmed1]

Dear bearcubs 2 make sure your barrister knows that the guardian hasn't seen or spoken to you. they must meet with you to gain an insight into what person you are and get your opinions, perspective on the situation BEFORE writing a report and submitting it the court? Not had time to meet with you? Seriously? That's their job to get both sides of the story for goodness sake. Obvious bias from the start.

[bearcubs2]

Charmed1- how can I do that? Is there a way I can ask for a delay on the hearing until he sees me?
I'm due to go in at 9:30, hearing at 10am...there's no time & it's been rushed.

My parental assessment outcome report includes falsities, ones I've been pointing out from the very start. I've already had to have one social worker removed from the case for lying, now it's happening again. How can all this bias be tolerated? I just don't understand how this could've gotten this far so quickly.

[ange301126]

Who delivered a court summons to you and when? And how?

[bearcubs2]

There have been no court summons. Nothing.
I have recieved a copy of the Social Worker's Statement & the Guardian Statement. As well as the parental assessment outcomes for myself & the father.

Nothing else has been issued.

It may help to know that Child Protection AND PLO began at the SAME TIME. In fact the CP meeting occurred BEFORE the PLO.

[bearcubs2]

Does anybody know how I can look up the new legislations made this year in support of fathers? I've read about what happens but not the actual legislations.