How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

My name isXXXXX i have been fighting for my

Resolved Question:

My name isXXXXX i have been fighting for my children for seven years, two reports were done by social services and the cafcas team. They were extremely biased in each report. Each one turned against me in favor of my ex -husband. I had to let my solicitor go as it was costing over 15,000. I then wrote a complaint to the cafcas team but unfortunately she covered up for the person who did the report. Saying that he has spent time exploring every avenues possible i don't thank that is true, also it made me think to my self that i was left feeling like a scapegoat for there blunders. Could you please tell me what to do next ? i'm actually representing my self in court on my own, as i do not have any funding.

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
How old are the children and what is the nature of the next hearing?
Claire
Customer: replied 3 years ago.

hi Claire, thank you for your response regarding my case, My children are Ania and joshua paulin dob 29/11/01, 12/09/03. My children have been brainwashed by my ex-husband, they do not want to come home and live with me. I have tried my best to be a good parent. They say they feel sick everytime they see me. Going back to court to move forward to see my children . My ex-husband has full residence order, i don't know how to change the decision ? Also could the order be changed? they have half brother and a sister that miss them terribly, i just hope and pray that they will come back to me, i worry for there mental well-being.

Expert:  Clare replied 3 years ago.
Hi
When did you last see them and how old are their other siblings?
Claire
Customer: replied 3 years ago.

Hi Claire, i have not seen them properly for around eight months now, i


 


worried that the bond we used to have as a family will be hard to recover.Frown


The other children are five and four years old, they go to the same primary


School, but Ania my eldest is going to secondary School in September.

Expert:  Clare replied 3 years ago.
Hi
Do they spend time together at school and when did the older children last live with you?
Claire
Customer: replied 3 years ago.
Yes they do spend time together,at school . But Ania my eldest girl like's to be with her friends. Joshua my son always goes to see them in the playground. CLassroom I think he does miss us but is scared of his dad.
Customer: replied 3 years ago.
Hi Claire , before this all happened they used to live with me. See there dad every weekend.
Expert:  Clare replied 3 years ago.
Hi
When was that and why did it change?
Claire
Customer: replied 3 years ago.
Well basically I so a report from a social worker Claire , and it said that ania had told the teacher I had physical and mental torture her which was totally untrue I confronted her about rose my voice at her, and said if that's the way you feel you should live with your dad. Then went into school the next day told the teacher, then went to social services , who then took my children away from me without knowledge, until I went to school office they told me them selfs . I did not mean to shout at her, but I did not want to be accused of these dreadful things. I feel hurt let down by schools, social workers. Thanks faye I did say I was sorry to shout at her but she does not believe me.
Expert:  Clare replied 3 years ago.
Hi
When was that?
Claire
Customer: replied 3 years ago.
Good morning Claire, the date was the end of November last year! Thanks faye
Expert:  Clare replied 3 years ago.
Hi
So until last November all the children lived with you.
Then there was the incident with your elder daughter and the two older children were taken to live with their father is that correct?
What contact did you then have?
Claire
Customer: replied 3 years ago.
Tried to see them on three or four times, with the actual social worker who was dealing with the case at that time. First time I went to see them it was ania's birthday, it was suggested by the to see them at the school. That went very well talking gave big hugs kisses, wished her a happy birthday, me and my mum gave her birthday presents. Hugged my son talked to him about football etc. second time me and my mum tried to see them at school,they said they feel sick seeing us, we were so upset when we went home. Then we tried a gain this time the social worker taken is into the next room, they were screaming at me and the social saying and shouting we don't want to see you. Tried to comfort them but they ran out of the room. Faye
Expert:  Clare replied 3 years ago.
Hi
So in fact there has been no real contact since they left you?
Claire
Customer: replied 3 years ago.

Actually Claire this year i did see them for a couple of hours, in costa coffee shop for a couple of hours. suggested by my ex -husband's solicitor. That i should spend some quality time. That went extremely well. The children seemed much more relaxed in that environment. But it all changed when my ex - husband suggested a family solicitor to get involved with the case, at the family court. Both my children said to me they don't want to see me any more only by telephone contact. When it went back to court a third time they wanted to stop telephone contact with until the next hearing in September.Frown I hope they will change there minds and see me soon,


from a extremely worried parent faye

Expert:  Clare replied 3 years ago.
Hi
What does the CAFCASS report say about contact?
Claire
Customer: replied 3 years ago.

First of all Mr kelly held a meeting to discuss the section seven report. Children's guardian was appointed to the children 20/2/13.


3.2 my interview with both children was interesting for several reasons. Joshua takes the lead roles in conversations, invariably taking over or finishing sentences for his older sister,who allows this to occur. Both children retain an extremely negative view of their mother and there mother's home environment, but without going into specific detail. The fortnightly direct contact was suspended at the last hearing and replaced with telephone contact every three days of there choice. Last contact was held at costa coffee on mothers day, they told me they did not enjoy that because there was no activities to amuse them.

Customer: replied 3 years ago.

That contact stopped because it was mR p idea.


4.1 Both children are of mixed parentage, their mother being white british and father Mauritian. there are no issues however with language and the children's cultural needs are met by their family. 5.1 The children arein full time care with there farther, there areno known safety issues or risk factors regarding the children. The children are refusing direct contact with their mother because of physical and bruising. Disagree with that.


6.5 prior to living with there farther the children describes as separate familes, that is their two half siblings and their mumand stepdad wereone family, and felt like visitors. They told me, mum and dad to whoem i assume stepdad shout alot. They did not report any physical violence, but some emotional harm. faye

Customer: replied 3 years ago.

6.12 In order for there to be a change of residence and return to the mother's care a full explanations should be heard for the injuries and bruising all injuries. physical abuse, as well as reasons steadfast views of which has not been coached by the farther. progess with there mother should be in a safe environment. i have always gone for medical treatmeat, i have not abused my children, if i did the other two would have been taken away from me. I feel he has used me as a scapegoat, and also i believe he wanted them to live with a black family, i cannot believe we are a normal happy family faye

Expert:  Clare replied 3 years ago.
Hi
What specific injuries are they referring to?
Claire
Customer: replied 3 years ago.

To be honest with with you Claire they did not Specified the situation in the whole caseSurprised

Expert:  Clare replied 3 years ago.
Hi
Then what bruising to they think they are referring to?
has there been a Finding of Fact hearing?
Claire
Customer: replied 3 years ago.

Not at all for the finding of fact hearing, Also the last court case i did not turn up because the social workers report plus the Cafcass report suggested that the children should live with my ex-husband it was a shut case to fight the system.

Expert:  Clare replied 3 years ago.
Hi
I am confused - you decided not to fight the final hearing?
What is the current hearing then?
Claire
Customer: replied 3 years ago.

Directions hearing about seeing the children through cafcas at Chemlsford Essex.

Expert:  Clare replied 3 years ago.
Hi
So this is an application for contact made by you?
When was the Residence Order made?
Claire
Customer: replied 3 years ago.

Good morning Claire, the residence order was made 16th July 2013. 2.


Having heard submissions the court further orders that the issue of contact should be reconsidered at a hearing on the 4th September 2013 for 30 minutes.

Customer: replied 3 years ago.

Hi Claire was going to forward a letter that i wrote, but unfortunately i do not have your e-mail address.

Expert:  Clare replied 3 years ago.
Hi
So you were not there on 16th July - but the issue of contact remains to be dealt with in September?
Can you cut and paste the letter?
Claire
Customer: replied 3 years ago.

Tried to send you the attachment have you got it. Faye

Customer: replied 3 years ago.

Only via e-mail but i don't know if you have got.

Expert:  Clare replied 3 years ago.
Hi
I will ask Customer services to help you
Claire
Customer: replied 3 years ago.

Please opt out. Thank you.

Customer: replied 3 years ago.

Sorry but customer service said to me to try an get an answer from you Claire. Not regarding the letter to be sent to you, but what i have already discussed with yourself.

Expert:  Clare replied 3 years ago.
Hi
I am uncertain what you wish to do.
I understood you wished me to look at the letter.
Is this the case - or would you like me to answer base don what you have said so far
Claire
Customer: replied 3 years ago.

The letter is attached via e-mail ready to send if you have not got an e-mail address i cannot send you the letter, you may have stick with what i told you.


Faye

Customer: replied 3 years ago.

I would like to know what to do next? Also i cannot send you the letter without an e-mail address, you have to work with what you have got. thanks

Expert:  Clare replied 3 years ago.
Hi
OK.
There is a major problem in the fact that you did not attend the last hearing - and I am afraid that at present the chances of your reversing the Residence Order are remote.
However the issue of Contact is less dire - and clearly the Court are also concerned that contact should be re-established hence the separate hearing
It is very difficult to understand what has gone wrong between you and the children - only you can review this and see what you can identify as the major cause (do not forget children look at the world in a different way - something that seemed minor to you coul dhave been major to them)
Given their ages the children are on the borderline of their wishes being decisive in the matter - and the court is likely to see their violent reaction against you as odd.
At this stage you are going to have to accept less than you want in order to increase the chances of your achieving more in the future.
Offer to see the children at a local Contact Centre (www.naccc.org.uk) - this will ensure that your ex will not be able to stay with them and will give you a chance to rebuild your relationship.
Emphasise that it is important that the children all see each other - and with your eldest moving schools this will need to happen elsewhere.
Once you have been able to establish time with the children then you can work towards overnight contact - and eventually shared residence - but this is a LONG TERM aim - so just take it in small steps first.
I hope that this is of assistance -please ask if you need further details
Claire
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Sorry Clarie, re read the order it says reside with the dad to the next court hearing, so maybe i am still in with a chance. faye

Expert:  Clare replied 3 years ago.
Hi
There is always hope so don't give up - I am sure that you can rebuild your relationship with the children!
Customer: replied 3 years ago.

Not very happy with your Answer, there has to be another way faye

Expert:  Clare replied 3 years ago.
Hi
Every Residence Order refers to the possibility of it being changed by a further order as it is always possible to apply for a variation if circumstances change.
As things stand you would need to make a fresh application for a Residence Order if you wished that to be re-considered which would not be realistic AT THIS STAGE but could be an option once contact has been re-established and is going well.
I appreciate that you are not happy with the answer I have had to give - indeed I understand why - but sadly if you wish to reverse what has happened you now need to work within the constraints of the system in order to achieve the return of the children to your care
Claire

Related Family Law Questions