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Partners son on 4th child protection plan social services happy for him to live here
#1
Hi im new here and posting on behalf of my partner.  His son is 12, ex has residence order granted in 2007 partner has PR and weekend access and half the holidays.  Son is on his 4th child protection plan, in december it was neglect, in april is was that plus emotional abuse plus at risk from her latest partner.  Latest partner had his children removed and placed in foster care due to domestic violence against their mum, we have been told by ss he has temper issues and is very controlling.  he is not allowed to be around partners son or his two younger siblings (who are to different fathers).  We have been engaging with social services for some time about this, attending family conferences etc.  The last family conference it was revealed to my partner in private that ex's new man had been arrested from sexual assaults on children, not charged as yet but is being investigated.  Ex is fully supportive of him and believes he is innocent and completely wonderful..... so much so that she has since married him, despite not being allowed to live together.
Partner spoke to ss and said he was going for custody, ss thought this a good idea and advised us how to go about it.  His son has been with us for a week and does not want to go home, has had enough and wants to live here.  We were advised by ss to fill in c100 form. Spoke to family rights group advice line who said it should be social services taking the lead on this and he thought they were putting it on us to save money, he advised us to go back to them and ask what their intentions are with regard to safeguarding the children.  They have said they are doing nothing for now except continuing with the cpp, but were supportive of us getting custody of son and if courts asked them for either a section 7 or 37 it would be favourable.  
Son doesnt currently want to talk to his mum, hes pretty messed up as she has been forcing him with threats or bribes to keep various things quiet so she is now demanding that we return him tomorrow at 4.00pm or else. We rang a solicitor who has said to just refuse to hand him back and let her apply to court because partner has PR so police wouldnt remove him from us even if she did ring.  But conflicting information elsewhere has  me worried that because of this residence order she can somehow invoke that and the police will order him home.  We rang police who said they wouldnt do that as long as dad has PR and they logged the call and gave us a reference number.  Also have just realise that c100 form will cost 215 quid, which is half the mortgage money.  Thats fine, i can ring building society and try and get them to defer it for a month, but i just dont know which way to turn at this point and we are all getting really stressed with the uncertainty.
I suppose im asking
1, can she get him forcibly removed from here when her deadline expires tomorrow
2, should we be doing the c100 form or should we wait it out as solicitor advises

The other risk which is even more terrifying now shes married a potential child sex offender is that she does a runner with the kids.  Her mum lives in germany and a few months ago she let it slip that she had all their passports renewed.  She has disappeared twice before though it was 9 and 11 years ago.  Both times she was gone for a few months at a time, given the amount of pressure now piling on her and her refusal to give up this latest man i wouldnt put it past her to just leg it.

Any advice or thoughts on this would be really helpful, thank you all in advance for your time
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#2
I would keep hold of his son and she will have to take you to court at a cost of £215. His son doesn't want to go back to his mums. I would phone police and say that's what you are doing and want it logged that his mum is dating a potential sex offender and is in his best interests he remains with yourselves for the time being. When you go to court you have already been advised you will have a favourable s7 report or s37 which will highly likely mean son will live with his dad. a favourable report after background checks would probably recommend that son lives with his father especially if his son strongly wants this. Maybe they just want your partner to start things off, once you got social services fighting your corner normally don't end well for the ex partner. When 2moro comes just say he is staying with yourselves to safeguard him and you are concerned about his wellbeing and are putting his sons interest 1st and he does not wish to return home. Let her then take you to court but she will have to mediate 1st as well, so u wont have to pay 215 pounds

If she kicks off and makes threats remind her politely it is harrasement and if it was to continue you will seek legal advice promptly
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#3
Thanks so much for the reply, would this mean that we would be in breach of her residency order and if we were what action could she take? The last thing i want is the poor kid being dragged out of here by police. We are literally sick with worry about how this is going to pan out.
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#4
You already said police don't want to get involved , but ring them again so they log it what u are doing. Ring social services up and also advise them what u are doing. remember u wrote on here they are siding with you and will write favourable report. You say your safeguarding your son as he doesn't want to go home but understand he is only 12 but are concerned your ex is with someone that POTENTIALLY is a sex offender and there are countless child protection issues so u think bearing this all in mind you are acting in the best interests of your son by him residing with you. You could say if son wanted to go home or requested too then u wouldn't go against his wishes. As long as your totally child focused and calm they should log it and she will have to start mediation and take you to family court to resolve. You can also just say you believe exs partner still going to house even though hes not meant to and this concerns you

From reading all of what you wrote I don't really think she has a leg to stand on especially if you mention all of this to police. social services are also aware of all this already . cant see anyone on this forum saying you should even consider handing son back to a mum who is not safeguarding her son, if shes married to him he must be still going round house and huge worry he cant see his own kids as it is
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#5
When we spoke to the police initially we didnt realise the contact order obtained in 2007 had this residence order complication, we were only made aware of it this morning. We are going to ring the police again with this update of her having the residence order but reiterate that we are safeguarding a child and why.
I dont think we have a choice but to breach this residence order and just keep our fingers crossed that it plays out the way we need it to. Social worker finally rang us back and we have told her what we intend to do, she doesnt think the police will remove him from here on his mothers behalf, they may just want a word with him to check these are his wishes and we can give the police her name and number if we need to. Social worker was also surprised to hear ex has married the (alleged) sex offender, im hoping they will do something to safeguard the two little ones still left in the house as we have a neighbour a few doors from her who has seen him visiting the property when he shouldnt be. its all very scary stuff. Thank you for your reply .
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#6
Excellent you now have a witness who has seen him visiting the property as well and you needed to say he was visiting property anyway as that will strengthen your case. Social worker is on your side even nicely providing a name and contact number. Police may choose to visit and ask your son are u ok? u happy here ? when he jokes and laughs they will be off stating they wont want any further involvement. You are breaching and for good reason in my opinion. social worker wouldn't be helping you like this if u was in wrong. More politer you are and child focused the better you come across. don't even go mad about (alleged) s offender. I write alleged as he hasn't been charged and it comes across well when speaking to authorites ( social services and police) . also when they do speak to you they will know all about this individual and all the other stuff when u ring. It will be down to ex partner of his to take you to court , now if son is very happy at your home and social services on your side . its likely full residence will be given to you due to the circumstances. It always looks easier when u see someones situation from the outside.. I cant see a family court going against you when they hear all this in court with backing of social services as well who carry huge influence in courts generally

Also if you have son with you for time being and it does go to court. Likely he will remain at yours for the duration of court case if it happens. I think surely a s 37 I think will help you out massively as it will go heavily against ex and her partner as all history will come up and it isn't very good is it? I think when you highlight your concerns it will be then decided like social worker said wether s37 or s7 is required. you can also at any time get your neighbour to express concerns or offer to make statement that her new partner is visiting property when not allowed

I would be saying I am in breach of this residency order as my son is not been safeguarded and is " at risk ". Also he does not want to return home and wishes to reside here and mum is not thinking of sons best interests at all. This individual in question is not allowed to see his own children and is visiting my sons family home despite been told he is not allowed too. I think infact if there was concrete proof he was residing there they could remove your son from them anyway so you done the job for them yourselves
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#7
I think you need more back up from the social worker. You could apply for an urgent residence order if the social worker was prepared to go along and say what the issues are and the children should stay with you. You'd then get a temporary residence order until a full hearing. The social worker is being wishy washy - saying they'd back you up for a section 7 report (which is done by Cafcass via the courts) without giving you that evidence now.

It's a tricky one because if the ex has a residence order then it could be classed as abduction - unless either the police or social services do an emergency order and tell you to keep the child with you. Keep on at them. Say to the social worker you are going to apply for an urgent residence order and ask if they will a) attend and b) write a report. If they say no then ask why.

The difficulty is the police and social services only usually remove a child if they are in immediate risk of serious harm. It's in a grey area at the moment.

It might be worth having a free half hour's legal advice as well as trying to pin the social worker down. Yes the court fee is £215 and you can represent yourselves after that - but you need backup from social services. Otherwise it would be a standard application - 4 to 6 weeks for a first hearing. If you think it's unsafe to send him back though, you could keep him and breach the order - but the Mother may collect him from school or something and you may not be able to stop that. You need an order.
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#8
Hi, sorry for the late reply. Things have been hectic.
She made three demands/threats to force us to return him using the residency order, we contacted the police and updated them of everything. She must have contacted them because they rang us and just asked if the child was ok, we offered to let him speak to the police himself which he was happy to do but they were fine with dads reassurance on this.
She has changed her tone slightly now and has asked when she can see him but currently hes adamant he doesnt want to. Waiting for some information back from police with regard to a question on the c100 form then that is going in. thank you so much for the replies so far everyone. This is one hell of a minefield.
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#9
Dont be fooled her lowering her tone and being nice asking to see him is hoping you will allow this and then she has her son back and you wont see him until you go to court. If police arent getting involved your fine for now , sure they had ex partners record in front of them as well . They done the formalties asking if child was ok
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#10
Before you can go to court and file a C100 you need to go down the mediation route first as it's a requirement. From what you've described i wouldn't let the little one go back and yes you would be in violation of the residence order but in all honesty there will likely be no legal ramifications as the first residence order does not generally have legal conditions set to it but you would have to look into this. If it doesn't then the police won't be able to remove the child and the ex would have to go to court and file a C79 saying it's been breached but again they'd have to go through mediation first i believe.

It's scary SS have not removed the child from that home after 4 child protection plans.
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