Hello, I am posting on behalf of someone who needs some urgent advice, The story is a bit long and messy so ill try keep it to a minimum.
A couple of months ago my friend split from her partner, she allowed him to remain living in the house as she didnt want to kick him out of his home of 11 years and lose his son and her all at the same time. After a few weeks of him trying to convince her she her metal health difficulties (to the point she booked a appointment with a GP and therapist!) she finally decided enough was enough and told him to leave (Her name is solely on the tenancy). After a argument between them he did leave.
But he took their young child with him.
She immediately called the police who came round and told her they would go and collect her child back. Unfortunately they didn't that night as the ex partner stated my friend had metal health issues and was worried she would hurt there son.
The ex partner did not take the child to school all week, and refused to tell my friend where he and their child was staying. After a few days she paid for a solicitor to send her ex partner a letter asking for the immediate return of their child to her home.
Upon receiving this he went straight to the court and applied and successfully received a ex parte prohibited steps order.
He told the court she had mental health issues (though he had nothing to back up this allegation) and also told the court that she had attended their child's school with means to abduct him (again with no evidence). The only 'evidence' he had to support his application was a letter from the local children services stating that they should think about doing mediation and they themselves would not get involved because they had no reason to believe the child was in any harm.
She has a discharge letter from the therapist and a letter from the school confirming that in fact she did not try to 'abduct' their child, but this still doesn't seem to be good enough.
My friend has attended court twice now, with all judges saying no to having the PSO over turned and that their child must stay in the care of her ex until CAFCASS have completed their section7.
Has anyone had any luck having a PSO overturned? I really cannot see why it was even granted myself due to lack of evidence let alone it being granted ex parte.
if any one has been though the same thing or has any advice we would really appreciate it as legal aid have declined her.
Thank you 🙂
Hello,
This is very distressing for your friend and already have had a solicitor advising them and been to court twice.
They have to be calm and work through the court process (as many of us have had to do).
Does the court orders or PSO terms allow any contact "agreed between parties" - supervised or unsupervised?
They need to be read court documents carefully...
It sounds complicated with CS, a Therapist, Court and Judges involved but the role of the court is for the welfare of the child.
A PSO has been granted and after two court hearing the judge(s) have refused to overturn it - meaning they are being cautious for the protection of the child but it is not nice when you have one enforced on you.
The only way PSO will be overturned is once CAFCASS have written their report and made recommendations or other party requests the court to remove it.
The judge will review this and make decisions that are in the best interest of the child which may mean removing the PSO.
Continue to support your friend, if they need to see their GP or Therapist please support them during this difficult time.
thank you for your reply,
Yes she does have supervised assess which is with a family member. Im most concerned that Cafcass dont have to have their report ready until mid October, and by that time the courts will see it as the child has been living with the father for a few months and it best off leaving him there. Also I cant imagine Cafcass painting the picture to well if she has a PSO against her, hence hoping maybe to get some advice on appealing against it.
Thanks very much for your reply.
I see...
Your friend wants to overturn the PSO to prevent the "status quo" remaining where the father is the primary carer of the child
Hi there
Once safeguarding issues become a part of a court case, the duty of the court is to proceed with great caution. The action of the judges in not overturning the PSO is not an indication that they do not believe your friend, its much more to do with the safety of the child and that is why they have ordered a section 7. Once the court determine that there are no safeguarding issues they may well have the child returned.
Unfortunately, Legal Aid for family court cases was stopped in April 2013 and this applies to everyone, except those parties that can prove domestic violence existed in the relationship.
The best thing your friend can do is to concentrate on putting the best case together that she can. She should be asked to provide a statement and can provide her evidence at that point.
If the section 7 report shows that there are no safeguarding issues and it is accepted that there were no mental health issues and that the father was less than honest with the court, they could then overturn the PSO, return the child and grant a Child Arrangements Order in your friends favour.
Best of luck to her.
I see...
Your friend wants to overturn the PSO to prevent the "status quo" remaining where the father is the primary carer of the child
She more wants it turned over because it should never of been granted, the court seem to just believe everything the ex partner has said and didnt even give her the chance to object. The claim of him saying she tried to kidnap him from school has been proved otherwise by the school and that still is not enough for the court, and even IF she did go to the school before the PSO was placed upon her, she would of been well within her rights as it was a exercise of her PR responsibility,
To have a injunction against to only child is a pretty major thing to go though and this is more the reason she wants the PSO over turned,
Hello, thanks for your advice.
I understand all that, but I think she has good grounds for a appeal as the PSO should never really have been granted in the first place. So im hoping someone may have advice about how to appeal.
Thanks for your input anyway 🙂
...I'm pretty sure that an appeal isn't possible until the case is over, at the moment there isn't a final order. Once the case is over and your friend still wants to appeal the decision, I think she would need to ask the judge for permission to appeal and then she has 21 days to do so.
Your friend might like to speak to someone about this and she could give Coram Childrens Legal Centre a call for free legal advice.
The Family Rights Group may also be able to offer advice and your friend can get the number from their website
www.frg.org.uk
Women's Aid may also be able to help
I see...
Your friend wants to overturn the PSO to prevent the "status quo" remaining where the father is the primary carer of the childTo have a injunction against to only child is a pretty major thing to go though and this is more the reason she wants the PSO over turned,
I quite agree with that statement, most of us have had OP thrust the full force of the family law court enforcement process upon us and it is very unpleasant...
However, you might have got a different response if you had said your friend wanted PSO overturned (which they can be before FH; speaking from experience) because they wanted additional and unsupervised contact with the child and rebuild the bond again...
Either way I wish your friend the very best of luck and work through the court process to get good contact with the child
.... It may be that once the reports are in and there are no safeguarding issues the judge will overturn the PSO, tell your friend not to give up hope. The judges are just acting with caution as the childs safety is paramount and that is all they care about.
If the evidence and reports all go in your friends favour I see little reason why the court wouldn't overturn the interim judgement at the final hearing.