Long and short, relationship ended 4 years ago, leaving a 7 year old in mums care, past 4 years in her care has a history of concerns throughout School have raised concerns for his welfare and care in and around the home. his attendance is averaged at 86% over 4 year. Plus average of 40 lates per term. Mother suffers from depression and has admitted was unable on occasions to get our son to school due to this. There have been so many other concerns and school referred her to social services with serious concerns for my sons welfare. But social services dropped to a early help support unit which she refused to attend. 3 weeks ago i got a call from school saying hasnt been in for 2 days and no contact from mother again so mamaged tio get hold of my son and he was still in bed at 12.30 pm due to being kept up all night by his mum shouting with her boyfriend.. I contacted social services as they had an open case from the school. They advised me to exercise my parental responsibility and take him away from that situation and apply for a arrangement order. Which i did the following day. I had my son in my care for the last 3 weeks but on the 2nd hearing mother had a barrister and ripped my case to peices, stating that had not followed the steps necessary to apply such an order so court had to cancel mine then, mother instructed the court and have her own arrangement order put in place. the court had some documents from the school stating there high level of concerns for my son and to keep him in my care, plus 4 years of reports about mums behavior whilst he was in her care. But the court did not act on this so I had to return my 11 year old back to his mum against his will, whicgh was very upsetting for him as he was made up he was living with me. I have never had any child concerns throughout my life yet Mum has had countless reports and concerns raised. The next hearing in front of the District Judge is next week and i feel that no matter what support I have the mother will keep our son as the barrister she has has managed to use legal lope holes and keep my son in his mothers care.
It's tough and you must hold firm and put your case as strongly as possible. Going in front of a district judge is a good thing and it's likely the court will order welfare reports to help them determine what is best for your son.
It might be helpful to prepare a brief position statement for the next hearing, outlining your concerns and a chronology of local authority involvement and the concerns of the school.
Ask that the court seek a wishing and feelings report so that your son can share how he feels and what he would like, at 11 he should be listened to and his wishes will carry some weight. Let them know how distressed he was at having to return and use the Welfare checklist to further argue his position.
You can turn this around, with enough evidence and a clear and reasoned argument, you have a good case and having the case moved up to district can only be a good thing.
All the best
Thanks went in front of district judge yesterday. Ex was there with her barrister. ex didnt say one word again, which I think the judge didnt like when asking her the simplest questions she had to turn to her barrister and answer for her.
Judge was really good, very calm and made me fee l very relaxed, even popped a few jokes in. Barrister messed up and falsely accused me saying that I stated in court my ex was going to get sectioned. I never did, So judge read through the whole transcript and was not mentioned at all. So she nearly got held in contempt.
Just then said that I had done the right thing and not to worry what the other party accusing you off because any decent father would have done what you did. there are very serious concerns around your child. She requested that a section 7 to be carried out immediately . But 12 weeks away for next hearing. I dont think she could last that long without messing up again tbh.
That's positive...things move slowly, but with a good judge you should get there. At least she seems to have the measure of the mother, hence the section 7 and her words of reassurance.
The barrister messing up could have done you a favour, the judge may now be on her guard against further shinanigans!
All the best.
