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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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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How soon can I apply discharge care order my child was on a

Customer Question

How soon can I apply discharge care order my child was on a interim care order for six months and then it's full care order after six months its nearly a year?
Many Thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
The issue depends on what was said at the hearing.
If it was clear that the Local Authority accepted that you were close to resolving the issues that led to the Care order then you could apply after six months.
HOWEVER unless there was a clear indication from the Guardian that he/she would support an application once a certain piece of rehabilitation work had been completed then there would be no point in doing so.
The risk is that if an application is made too soon then the application itself could be seen as further evidence that you are still not acknowledging the problems that led to the care order in the first place
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi clare, I am having bit of problem with my new partner because he is a student visa it runs out October 15 he wants me apply a spouse visa application 6-8months before the student visa expires.
I am not confident to marry him civil and apply for spouse visa he said to me quiet a disturbing comment to me which hurt my feelings great deal i don't know what to do.
He says if I am not able to get on with a nice supportive person like himself and maintain a good and peaceful relationship, any person I meet or have a relationship that he says I am the cause I start the argument.
I have just lost full confidence and trust on him now what shall I do?
His worried about his status, me and my children, he says he regrets getting in relationship with me?
I am just shocked by his accounts,
What shall I do what would be your advise
Thank you
Asma
Customer: replied 3 years ago.
Hi clare, I have now doubts about this relationship I done know what the easy way to get put of this?
Asma
Expert:  Clare replied 3 years ago.
Hi
If he is upsetting you then you need to think about why you are with him - you do not need someone who i odes not love you just as you are
Clare
Customer: replied 3 years ago.
Hi clare, he did apologise to me for upsetting me I think his stress is his status, he is a student not able provide what a partner should do. He feels the guilt that he is only getting so much wages after paying rent, car, he is unable to provide me my basic needs.
He is worried about myself I get upset about the children how I am trying to change he is also feels helpless that he can't support me.
He had to pay over 4000 pounds for his university course he has to attend class he feels bad leaving me all on my own. He is unable to concentrate on the course
It's the responsibility he has towards me he feels frustrated he is not able fulfill his role as a partner should do.
I don't know what I can do help him?
What can I do to help him clare?
Thank you
Asma

Customer: replied 3 years ago.
Hi he feels helpless he can't do anything to help me or support me he knows how much I want my children back he gets upset when he sees me crying and distressed. also how I am trying my best to make positive changes in life for the sake of the children.
He is alot younger than me four years its still new to him marriage and responsibilities.
Thanks
Asma
Customer: replied 3 years ago.
Hi clare I am not sure if these questions are closed?
Asma
Expert:  Clare replied 3 years ago.
Hi
You can only support him emotionally by staying well - there is nothing else to be done
Clare
Customer: replied 3 years ago.
Hi clare, I have meeting with the officer who conducted the case review is there anything I can ask him about the review?
Can I ask will it affect the planning of applying to court to discharge order?
Asma
Expert:  Clare replied 3 years ago.
Hi
Have you seen the review yet?
Clare
Customer: replied 3 years ago.
Hi I am going to read the review this afternoon
Asma
Expert:  Clare replied 3 years ago.
Hi
Ok
Clare
Customer: replied 3 years ago.
Hi clare the review was more about the agencies and professionals could have done better to avoid the injury and number of concerns that was raised over the 13 years of the LA involvement they have to learn from all this. Also I was criticised that I was very demanding mother and articulate. Also I was dependant on professionals to help and support my children. Instead of me making complaint about professionals I should have focused more on caring the children. They have been highly criticised about how they should have intervened and put in proper service for the children to protect them. Myself being demanding mother has lead all my children to be in care.
Asma
Expert:  Clare replied 3 years ago.
Hi
The Serious Review process is all about concentrating on what the authorities got wrong - and what happened is that they were too busy trying to deal with you to question what was happening to the children
From your point of view what you need to take from this is that YOU need to rely on YOU and not expect professionals to deal with your issues - and that is what you should keep in mind in the next few months - show that you are able to identify the issues and deal with them yourself
Clare
Customer: replied 3 years ago.
Hi clare, yes you are right it's about myself and resolve any issues I had or I have myself then relying on professionals to help me deal. The next few months will be very crucial time for me.
When it is published will it may go to media. Will media be interested In the story or not?
Asma
Expert:  Clare replied 3 years ago.
Hi
To be blunt it is unlikely that there will be much national coverage since there was no death of a child - but local papers and news stations may take it up
Clare
Customer: replied 3 years ago.
Will we be named or remain anonymous?
Asma
Customer: replied 3 years ago.
Hi clare If it goes local papers will this not look bad in the LA reputation? It won't make any difference because they are always in the media any way?
Asma
Expert:  Clare replied 3 years ago.
Hi
The children's names will remain anonymous which should mean that yours also do so
Yes it does look bad for the LA - that is because they failed the children
Clare
Customer: replied 3 years ago.
Hi clare, Can I use any information from SCR to use against LA when I am going to apply in about six months time to revoke some or all care orders of the children?
When can I start preparing for the case to go back to court?
The SCR will be published tommorow so public can have access to this. There are lessons to be learned by all of us including professionals and LA.
I am worried wether I will still be considered an assessment any for the children to return to me.
Thank you Clare.
Expert:  Clare replied 3 years ago.
Hi
You need to step back for a few months and concentrate on the changes that you are making - you HAVE to show that you are now relying on yourself - not the professionals
In August you can start consider putting your case together
Clare

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