Ex is the protective factor

[PrincessLuna]

I don't really know where to begin, so I apologise if this seems jumbled.

I've got a court hearing in February. My soon to be ex husband took out a prohibited steps order as I went through a mental health dip. He was guided by children's services. They have named him as the protective factor and did a single assessment on our 5yo child. What is a single assessment? Did it used to be known as a core assessment? I think children's services have a low opinion of me.
There's another court hearing in a few weeks time and I want our child to be resident with me the majority of the time. At the moment it's 50/50. She's with her dad during the week and with me long weekends. He said he didn't want to be a weekend dad. At the time of the prohibited steps order, he wanted her to be with him 5 days, and me 2 days.
The court have asked for a letter from my mental health consultant, and asked social services to respond to it. I've had no contact with children's services for about 10 weeks, and I don't think our child has been seen by them either. She is apparently to be seen by the children's and family team, and was referred there mid November...to go on a child in need plan. But no ones been in touch.
What is the court likely to agree? I know my mental health report will be fine...my ex caused my mental health problems partly, so he's gone, so has the stress. No one has come to harm. I just want our child to be resident with me the majority of the time. I've been a stay at home mum from birth and her primary carer, until mid November when my ex moved out and he took her, because he's the protective factor.
Will he be the protective factor for ever? Is this likely to change?
I try to have as little as possible to do with children's services, but I have no idea what's going on.

[Suzie, FRG Adviser]

Dear Princess Luna

Welcome to the Family Rights Group Parents’ Discussion Forum.

My name is Suzie and I am an Adviser at Family Rights Group.

I am sorry that you are feeling so confused by the situation that you are now in regarding your daughter.

From your post it appears that you have mental health issues and perhaps due to you being unwell at the time your daughter’s father took on her care and subsequently applied to the court for a prohibited steps order so you could not remove her from his care.

The matter is now before the court for a decision to be made about where your daughter will live. You have always been your daughter’s main carer and want it to continue this way. You do not say in your post what involvement you have had with Children Services. Was your daughter was on a child in need or child protection plan? What concerns do Children Services have about your care of your daughter that they consider her father to be a protective factor?

If you were not engaging with Children Services or accepting support this may be the reason they believe your daughter’s father to be protective.

The decision the court makes regarding where your daughter lives, will depend on the evidence that the Judge has to consider. The court’s paramount consideration will be your daughter’s welfare and will make a decision based on what is best for her. At the moment, there is a 50:50 shared care arrangement and it is possible that this could continue. However, it is also possible that, depending on the concerns that Children Services has regarding your care and ability to keep your daughter safe, that a different order is made.

You do not say whether you have a solicitor representing you and, if you do, then you should make sure that the solicitor has all the information and take his or her advice.

Deciding to have as little to do with Children Services as possible is not the best way to have the outcome you want especially if they have concerns about your parenting. Failure to engage and work with them will simply confirm to them that your daughter is not safe in your care.

The case that you are involved in at present are private law proceedings and I am including here details of Coram Children’s Legal Centre as they advise on private law matters. Private law just means that you are involved in a case brought by another individual and not, for example, by Children Services. Please note that if you do have a solicitor they do not give advice but you can still visit their website where they have very useful advice sheets.

I hope you will find this helpful.

Best wishes,

Suzie