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Domestic violence in resident parent's home
#1
Hi,

I think my last message had too much content...

The advice I need is specifically: has anyone any idea of the legal implications of breaching an existing child arrangement order where the resident parent's home is no longer safe for the child to be returned to following a violent incident between the resident parent and her new partner?

Social services suggested that if I felt it was unsafe I didn't have to return the child back to the resident parents care, but as an arrangement order is in place I should seek legal advice before taking that step. I appreciate any help given the lack of opportunity to get legal advice before I am due to return my son tomorrow.

Cheers
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#2
(07-30-2017, 12:57 PM)MrJohn Wrote: Hi,

I think my last message had too much content...

The advice I need is specifically: has anyone any idea of the legal implications of breaching an existing child arrangement order where the resident parent's home is no longer safe for the child to be returned to following a violent incident between the resident parent and her new partner?

Social services suggested that if I felt it was unsafe I didn't have to return the child back to the resident parents care, but as an arrangement order is in place I should seek legal advice before taking that step. I appreciate any help given the lack of opportunity to get legal advice before I am due to return my son tomorrow.

Cheers

You should seek a Urgent Ex Party Hearing at the County Court. If you keep the Child, unless the Police are called and they contact Social Services who say keep the child with you, your in breach of the Order. If SS tell Police to keep the Child their, your fine, as the child is considered removed under their emergancy powers.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Thanks Mark,

It turns out that social services aren't interested. The police were never involved. It's so bonkers, all the kids in that house including my son have developmental delays and behavioural problems.

Have any dads on here had any luck getting residence without the support of social services? I've applied for residence but I now fear I could be seen as vexatious litigant if I go ahead with the application to the family courts.

I'm going to be having sleepless nights worrying about my son. I realise that social serv's will only help out if he's covered in fag burns and had a good kicking, which would probably be blamed on me anyway...
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#4
Mark R has residence of his children but I don't know if that was with SS involvement. Please do a search of his posts to get a heads up.
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#5
(07-31-2017, 11:36 AM)Chi21965 Wrote: Mark R  has residence of his children but I don't know if that was with SS involvement. Please do a search of his posts to get a heads up.

No point looking as that detail is not on the forum.

For 3 years SS was bias towards my ex, and in both applications for contact they was suggesting it should not happen, based just on what my ex had told them.
However, the first time the Court went with Cafcass supporting what I wanted.
The second time, the Social Workers Bias was proved to Court, and she was sent out.

However, this time, I got Residance in Private Law, with them telling me to make the applicaiton. We are still in proceedings, so can not comment about whats going on.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#6
Thank you.
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#7
(07-31-2017, 10:20 AM)MrJohn Wrote: Thanks Mark,

It turns out that social services aren't interested. The police were never involved. It's so bonkers, all the kids in that house including my son have developmental delays and behavioural problems.

Have any dads on here had any luck getting residence without the support of social services? I've applied for residence but I now fear I could be seen as vexatious litigant if I go ahead with the application to the family courts.

I'm going to be having sleepless nights worrying about my son. I realise that social serv's will only help out if he's covered in fag burns and had a good kicking, which would probably be blamed on me anyway...

The problem is all Social Services do, is report on what is said to them.

If an Order exists and you have concerns, my suggestion is to ask the Court to put Cafcass in to invistigate the current situation.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#8
Thanks for the advice.

Mark, do I need to make an application to the court to request cafcass to carry out an investigation? I take it you had legal representation? I'm applying as Litigant in person... can you clarify what private law means please mate?

Cheers
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#9
(07-31-2017, 03:34 PM)MrJohn Wrote: Thanks for the advice.

Mark, do I need to make an application to the court to request cafcass to carry out an investigation? I take it you had legal representation? I'm applying as Litigant in person... can you clarify what private law means please mate?

Cheers

If you have an existing order, its Application to Vary it. State you want to contest Residance due to your concerns, and that you would like Cafcass put in to invistigage the current situation.

If not order, the same, your applying for Residance and/or Contact, and want the Court to put them in so they have a clear picutre of the current situation.

I was litigant in person first time, 2nd time I had McKenzie and at the start I was mislead by them about what they can in fact do.

Private Law is a case brought by someone with PR, not for example a Local Authority.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#10
Hi Mark,

Thanks for taking the time to fill me in, I appreciate that you must have your hands full given that you currently have an ongoing case, best of luck with that.

I've submitted the c100 & c1a, I managed to get through to child law advice line last week and as you suggested, they advised to apply to vary the existing order, which I have on the grounds that my kids current place of residence with his mum isn't suitable due to domestic violence witnessed by him.

I was surprised by the social worker's change in attitude as on Friday she was very understanding but this morning I got short shrift and was told there would be no further action on their behalf. She sounded annoyed by me. I'm assuming they are biased after reading previous notes relating to my son (his Mum successfully used the system to get legal aid, council house and what seems to be immunity from any intervention, all based on lies)

I guess I just have to wait for the hearing date to come through now...

In the meantime, any dads who are currently experiencing domestic violence or abuse from their partners, who are afraid for whatever reason to take a step towards getting some support from the relevant authorities, don't hesitate for a second! Go to your GP immediately and tell them everything. Sadly it is a first move wins approach with this issue. Is there a dedicated page for fathers experiencing domestic abuse or violence?

Thanks again, sadly I'm probably going to be on this site a lot for the foreseeable.

John
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