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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Care proceedings advice

Customer Question

Care proceedings advice
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What would you like to know?
Clare
Customer: replied 3 years ago.
Hi Claire it's Asma how are you? I am doing really good. I have moved to greater london. I just wanted to ask you a question?
Expert:  Clare replied 3 years ago.
Hi Asma
It is good to hear from you - how can I help you ?
Clare

Customer: replied 3 years ago.
I have settled really well with my new partner I moved just before Christmas. He started university his doing ACCA course for two years. He is providing me a lot of emotional support and is very caring.

My general health is coming on really well iv joined the gym I go five times a week, my diabetes is now normal losing weight and more stable.
It's only early days, I have contact with the children this week so I am going to Walsall stay at my sisters place for few days. I only have supervised contact with the four children but the 10yr old and 7yr old still refusing to see me I am not sure why that is!
Next month it will be six months since care orders were placed. Would it be appropriate to apply to court for an assessment or not? The social worker says for me to wait atleast one year

Many thanks
Asma
Customer: replied 3 years ago.
Sorry Clare I am waiting for your reply. I would be very grateful!

Asma
Expert:  Clare replied 3 years ago.
Hi
Sorry for the delay
I am glad to hear that you are doing well now
Six months is probably a little too soon for an application to be made - a year will ensure that your new life is well established and will hopefully allow for movement with regard to the other children.
Do continue with the changes - they remind you that YOU are important
Clare
Customer: replied 3 years ago.
What would be your advise on my other two children who do not want to see me. Is there any way I can ask why they do not want to see me?
Expert:  Clare replied 3 years ago.
Hi
Yes attend the next LAC review and ask!
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi Claire I did ask but theLA IRO do not listen to my views or opinions
Expert:  Clare replied 3 years ago.
Hi
Was the issue of contact discussed?
Clare
Customer: replied 3 years ago.
Yes but the guardian and social worker did not support increased contact it went to court this January 14 so I had no choice is to width draw application because of LA lack of support

Can I try apply again for contact?
Expert:  Clare replied 3 years ago.
Hi
I meant with the two other children?
Clare
Customer: replied 3 years ago.
Yes it was discussed but the professionals did not carry out any other support in how can contact can place? I have been told that when the children are already to have contact with me then the children will put their views to the sworker?

Asma
Expert:  Clare replied 3 years ago.
Hi
At the next LAC review ask what work is being done to move towards contact - for the good of the children they are under a duty to do so
Clare
Customer: replied 3 years ago.
I am being honest with you I personally don't think the Walsall children's services are not following the law properly. Just because the care proceedings have concluded in September 13 they have got view that all my children will remain in their care until they are all 18-21. The IRO, guardian,social worker are completely against me having any of my children returned to my care. I have now been dropped the charges of the allegation they are still purnishing me.
I don't think they will give me any opportunity or acknowledge I have made number of changes in my life I know it's too soon I am willing to wait a year but if they carry on with what they doing il never have a chance to be parent to any of my children
What do you think?


Asma
Expert:  Clare replied 3 years ago.
Hi
I think you have indeed been unfairly treated - but six months is still too short a time to make a further application
I would suggest that you bring the issue of contact with the other two up at the next LAC review and make it clear that if there is no progress you will make an application to the court
Clare
Customer: replied 3 years ago.
Make sense Clare. Can I request telephone contact or letter contact aswel as supervised contact?

Asma
Expert:  Clare replied 3 years ago.
Hi
Yes you can!
Clare
Customer: replied 3 years ago.
Why maybe the reason the LA reluctant to increase contact or any other form of contact their main reason is that the children have just given care orders in September they say its too soon any application I make or change I made its too soon and that the children have settled in placements they don't the children to be influenced by myself. Which I think it's unfair iv not seen my two children since 25/03/13. The other four the contact iv had its very positive.
My older son is 16 his making it very clear that he wants to come home to me but the LA don't support this.
Also the social worker saying that she doesn't want to tell the children that I have moved to London because it may cause them distress. Do you thnk that might me the case?
Asma
I am grateful for your service
Expert:  Clare replied 3 years ago.
Hi
I can see that they might fear that you are leaving them behind - so best left for now
Clare
Customer: replied 3 years ago.
Leaving who behind sorry can you explain this for me please I didn't fully understand?
Thank you

Asma
Customer: replied 3 years ago.
Sorry Clare I know what you mean now. It's up to the social worker how she tells them. The guardian why am I still in a five bedroom house? Why am I driving 63 plate car. That's her attitude towards me. Also guardian says she still does not believe that my elder son caused the injury to his brother she still thinks I caused it. Even though CPS dropped the charges against me.
I did not like her attitude and her perception of me was very negative.
Expert:  Clare replied 3 years ago.
Hi
Hopefully as time moves on so will they and you will remain there for your children
Clare
Customer: replied 3 years ago.
Hi Clare do u give advice on immigration law?
Asma
Expert:  Clare replied 3 years ago.
Hi
i have some knowledge - but only very basic
Clare
Customer: replied 3 years ago.
It's ok Clare thank you I have seeked advise fro another source.

Thanks
Asma
Expert:  Clare replied 3 years ago.
Hi
Good I am glad it is sorted
Clare
Customer: replied 3 years ago.
The appeal hearing for my two boys who have placement orders is on the 07/03/2014. If I get permission then it will be heard again also the advocate from justice for family will write a skeleton argument for the hearing next month. I hope I do get permission.
Asma
Expert:  Clare replied 3 years ago.
Hi
I shall keep my fingers crossed for you
Clare
Customer: replied 3 years ago.
I am due to see the children this week. The virgin trains are suspended due to bad weather. Il have to taxi from greater london to Walsall. What a nite mare! Also floods in Somerset it's so sad.

Asma
Expert:  Clare replied 3 years ago.
Hi
It is certainly a nightmare - and you are a very dedicated mum
Clare
Customer: replied 3 years ago.
Thank you my new partner is very calm and content person he completed his masters in coventry university His very intelligent he is fully aware about my dedication for all my children he will support me as much as he can to try and work with the LA so we can show them that we are good and safe parents for our children.
His changed my life he allows me to go gym, even doing courses to enable my self worth. I am very lucky. We will continue working on our relationship and hope the children can come to terms with changes iv made. I am doing all this to give a safe and good future for them.

Asma
Expert:  Clare replied 3 years ago.
Hi
I am very pleased that you have found someone who will really care for you
Clare
Customer: replied 3 years ago.
His four years younger than me. He is from same town from where my parents are from in Bangladesh. I met him online lol very unusual. He said he is willing to accept me and my children. He is young but he got a warm caring nature to him. He came over student visa in 2010 he is still student he wanted to settle with a partner here. So we got lucky we met online.
Got married and I decided to move in with him in London he always works. Hard working and simple guy just like me.
I am looking forward if the LA could organise supervised contact with him and children. My children I am sure will be very fond of him.

Asma
Expert:  Clare replied 3 years ago.
Hi
Do not ask yet!
Wait for another few months before you suggest this
Clare
Customer: replied 3 years ago.
No no I won't ask yet its way too soon let me build a positive and good relationship between myself and the children that is the way forward.
I am not going to do anything to jeopardise the children's emotional development!
And give LA another ammunition they are already against me
It's a fresh start new place new environment just myself and him to build on ourselves aswel.

Asma
Expert:  Clare replied 3 years ago.
Hi
Well done - you are approaching things in a very sensible way
Clare
Customer: replied 3 years ago.
Thank you I will keep you updated if that's ok how things are progressing

Asma
Expert:  Clare replied 3 years ago.
Hi
Thank you I would like that
Clare
Customer: replied 3 years ago.
Hi Clare the advocate can't do the appeal for me because she has personal problem. Can I ask my previous solicitor who represented me last care proceedings. Wether I would be eligible for legal aid?
The skeleton argument is that they did not do the fact finding, also that I got my daughter to sleep in the bathroom. Which is not true. She was severely incontinent and is still is!

Thank you
Asma
Expert:  Clare replied 3 years ago.
Hi
Do you have any faith in your old solicitor?
If so then discuss it with her
Clare
Customer: replied 3 years ago.
Not really if I was to be honest with you. I was unable too see my daughter today at contact because the foster carer couldn't be bothered to bring her. I was waiting since 3.30pm traveled all the way from London. This is how I get treated!
What shall I do Clare I'm just being treated so unfairly.

Asma
Expert:  Clare replied 3 years ago.
Hi
Make a formal written complaint - it is not acceptable
Clare
Customer: replied 3 years ago.
I am just so tired and why am I being treated so unfairly? what did I do to deserve all this.
I am just so stuck I don't know what's best to do.
Asma
Expert:  Clare replied 3 years ago.
Hi
Send a formal written complaint - that is your only option I am afraid
Clare
Customer: replied 3 years ago.
That's the only option. I will make the formal complaint see what happens.
Asma
Expert:  Clare replied 3 years ago.
Hi
Good luck I hope all goes well
Clare
Customer: replied 3 years ago.
I think because I am in new relationship I don't think I have chance with getting kids bk
Expert:  Clare replied 3 years ago.
Hi
Actually there is more chance given how much better you are getting!
Stay strong
Clare
Customer: replied 3 years ago.
Clare,
Would you tell me please what I can do to improve things because I just getting really emotional now not seeing my daughter is breaking my heart.
Also the foster carer's job to make sure he or she transports the child to the centre or not. I know you said my option is formal complaint iv done many many over the years it does not get me no where!!!
Asma
Customer: replied 3 years ago.
The social worker said contact for my older son will take place on Saturday and she would meet me after contact with him. Why would she arrange and then change she normally does not work on a Friday
It's so Confusing and bad communication

Asma
Expert:  Clare replied 3 years ago.
Hi
You will be able to raise the fact that your daughter did not come to contact which will be a plus
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi Clare, can I ask you a question?
Asma
Customer: replied 3 years ago.
Hi Clare are you busy?
Expert:  Clare replied 3 years ago.
Hi
I am here again now!
Clare
Customer: replied 3 years ago.
Would it possible to request a core assessment for my oldest daughter she is 12yrs old with autism, learning difficulties. Apply to court to discharge care of order? Just to be assessed for caring for her?
Many thanks
Asma
Expert:  Clare replied 3 years ago.
Hi
If you mean now - then no it would not be possible - if you mean in six months time then yes possibly
Clare
Customer: replied 3 years ago.
Last care order September 13 it will be six months next month also she has been in care since February 13 will that level of period be enough or not?
Asma
Customer: replied 3 years ago.
Last March 13 as you know all six of the children had interim care order full care order PO for the youngest boys were given. It has been almost a year they have been in care of LA?

Six months search ends March 14 they have not found adoptive family for them time is running out for the LA!!

Asma
Expert:  Clare replied 3 years ago.
Hi
the final decision was only made by the court six months ago - you need to give it another six months for your new situation to become solid before you apply for the return of the children
Clare
Customer: replied 3 years ago.
I totally agree with you but if example they start the statement say march or April it would i think over six months of assessments and Il be more better position to prove solid change. I am not requesting for all the children just my two daughters?
Asma
Expert:  Clare replied 3 years ago.
Hi
It is too soon
It does not convey that you understood the problems that took you to the point where the care orders were made and that you have addressed them fully
Your real recovery only started after the care order was made - so allow the year before you apply
Clare
Customer: replied 3 years ago.
A year is what the social worker has said ideally for me to wait then she will consider an assessment. That's is Ok I have no problems with that. As long the PO for my two sons can be reverted to Care Orders then I will have peace of mind that they will not be put up for adoption.
I am hoping and praying it goes in my favor for the PO to revert!
Asma
Customer: replied 3 years ago.
It will be one year this September could I apply after that?
Asma
Expert:  Clare replied 3 years ago.
Hi
Yes if you think your position is strong enough then applying in September is good timing
Clare
Customer: replied 3 years ago.
Good Morning Clare, will there be a possibility I might get permission at the civil appeal application for my two children who have PO?
Asma
Expert:  Clare replied 3 years ago.
Hi
Possible but very unlikely and not to be expected
Clare
Customer: replied 3 years ago.
What will be the reason they would not give permission?

Asma
Expert:  Clare replied 3 years ago.
Hi
because it is still too soon
Clare
Customer: replied 3 years ago.
Will it be too soon to appeal the PO for my two children six months time limited search is ending 9th March?
The LA I am hoping will revert back to long them fostering!
Customer: replied 3 years ago.
Hi Clare just waiting of your reply to my last question?
Thank you
Asma
Expert:  Clare replied 3 years ago.
Hi
I thought you had already appealed that anyway - I thought you were talking about applying for their return!
Clare
Customer: replied 3 years ago.
I am so sorry to confuse you I made an application to RCJ civil appeal for PO for my two boys. Oral hearing is on th 07/03/14 in London

Asma
Expert:  Clare replied 3 years ago.
Hi
Then I hope all goes well
Clare
Customer: replied 3 years ago.
Hi Clare, what is a skeleton argument?
Asma
Expert:  Clare replied 3 years ago.
Hi
It is an outline of the arguments that will be being made at the hearing
Clare
Customer: replied 3 years ago.
It is only myself invited to the hearing not other parties. Will I be asked questions by the judge?
Expert:  Clare replied 3 years ago.
Hi
The other parties will be there
You may be asked questions but it is unlikely
Clare
Customer: replied 3 years ago.
Good Morning Clare,
The contact for my daughter rescheduled next week which is good the foster carer number had changed so he didn't update the number also his excuse is that he didn't ace the dates the contact supervisor made sure that tha foster carers have dates for before hand. The social worker gave the foster care a stern talking that he makes sure that he brings my daughter on time.

Asma
Expert:  Clare replied 3 years ago.
Hi
That is good news
Clare
Customer: replied 3 years ago.
Hi Clare, can I be eligible for legal aid to be represented at the hearing next month for the appeal?
Asma
Expert:  Clare replied 3 years ago.
Hi
Unlikely unless a Barrister confirms that you have a good chance of success
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Clare, I recieved a call from my solicitor that I would would not get funding for the hearing on the 7th if I get permission then to go back to them they may look at my case again on what grounds they have given me to appeal. Also she will write to the LA wether family has been found for my two boys or if they revert them back to long term fostering then I won't need to appeal!

Asma
Customer: replied 3 years ago.
Hi Clare do I still have parental responsibilities of my children?

Asma
Customer: replied 3 years ago.
Hi Clare just waiting for your reply.
Asma
Customer: replied 3 years ago.
Hi Clare you might be busy? There was questions I wanted to ask?
Expert:  Clare replied 3 years ago.
Hi
Yes you still share PR for the children with your ex and the Local Authority
Clare
Customer: replied 3 years ago.
Can I request medical report from the hospital dept for my son injury so I can seek legal advice on this?
Asma
Expert:  Clare replied 3 years ago.
Hi
You can ask for a copy of the report - you cannot take any legal action on your son's behalf without the agreement of the Local Authority
Clare
Customer: replied 3 years ago.
I am not happy with the current IRO officer the way she conducts LAC reviews how can I put my opinion about her?Asma
Customer: replied 3 years ago.
Sorry asking repeat question regarding requesting change of IRO?
Asma
Expert:  Clare replied 3 years ago.
Hi
You cannot request a change i am afraid.
If you have specific concerns you can complain to the Regional Manager
Details here
http://webarchive.nationalarchives.gov.uk/20131027134109/http://www.education.gov.uk/childrenandyoungpeople/families/childrenincare/a0065612/iro
Clare
Customer: replied 3 years ago.
I have already made a complaint but it does not change her way of working,
Her type of conducting reviews is way different to the last IRO
Asma
Customer: replied 3 years ago.
I have just gone on thier website it does not specific gives details about complaint procedures?
Asma
Expert:  Clare replied 3 years ago.
Hi
So simply write to the manager
Clare