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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33532
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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Hi Clare, Childrens services have made it very clear to

Resolved Question:

Hi Clare,
Children's services have made it very clear to verbally to me that they are not going to rehabilitate any of my children to me on the foreseeable future. I am aware my children will not be returned to me this year.
I feel they are taking away my parental rights forcibly. Is the LA doing this legally or u legally to me and my children?
Can I challenge their desicion?
Many thanks
Asma
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
The Local Authority obtained a Care order relating to the children and this means that they now have responsibility for then until they are 18
You need to wait until at least a year has passed until you consider applying for the return of the children to your care to have even the remotest chance of success
The lOcal Authority are doing nothing illegal in this - it is for you to continue to show that your life has changed and then apply to the court
Clare
Customer: replied 2 years ago.
Hi Clare, I understand say I wait for one year I consider to apply discharge care orders I apply to court that my circumstances has changed significantly If the local authority do not acknowledge this or reconsider an assessment atleast In a year time then what can I do to challenge their decision?
What exactly do they want the change to be. Because they are not telling me anything for me to change apart from they always saying its too soon to discharge care order?
What maybe their expectation of me?
How would they know my parenting ability just for four times a year for only 2hours?
Thanks
Asma
Expert:  Clare replied 2 years ago.
Hi
When you make the application further assessments will be ordered and the Local Authority will have to go through the same process as they did before
It is no for the Local Authority to tell you what to do - it is for you to demonstrate that you understand what you were doing wrong before and have changed
Clare
Customer: replied 2 years ago.
When can I apply to court for atleast an assessment?
Asma
Expert:  Clare replied 2 years ago.
Hi
You apply after a year- at the earliest
Clare
Customer: replied 2 years ago.
It will be September 2014 one year of care orders and placement orders any time after that period i can apply?
I am appealing the PO for my two youngest children I'm waiting for permission
Asma
Expert:  Clare replied 2 years ago.
Hi
Provided you think that you have changed your life sufficiently addressed all the issues referred to in the reports then yes apply then
Clare
Customer: replied 2 years ago.
Ok thank you as I asked earlier if LA does not support or acknowledge the life change I am hoping to make after the one year has gone by then can I challenge their decision through legal route?
I was told by interim assistant director children's services in Walsall that care orders are rarely revoked!
I think she is trying to put me off by not applying in the near future just to accept that my babies will never be come home to me.
Asma
Expert:  Clare replied 2 years ago.
Hi
As I said they will have to do assessments and these will have to be submitted to the court and will be considered by the judge - so yes you can challenge them
Clare
Customer: replied 2 years ago.
I am looking FRG advice part 3 How to challenge if children's services won't agree for a child to be returned to their family. Would you recommend a good family lawyer it has to be from the midlands because all the children are in care Walsall Council?
Expert:  Clare replied 2 years ago.
Hi
It is too soon to chose - your solicitor of choice may change firms before September
At this stage concentrate on turning your life around.
In August look for a solicitor on the website www.resolution.org.uk
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33532
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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