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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
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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can social servies BREACH a court order re supervised acce

Resolved Question:

can social services BREACH a court order, re supervised access.

Hi im asking this on behalf of my brother, my brother is 41 with no criminal records.2 years ago my brother contacted the social services,concerned for his children, newborn and aged 3, his wife soon to be ex wife has OCD disorder and became aggressive in the home. The children were put on the children need reg due to the ocd. IN DEC LAST YEAR my brothers wife accused him of a DV incident, he was charged , later the case was dropped.due to my brothers witnessess. Since the accusations socialservices went against my brother, since feb he has been given supervised access at a contact centre.He has obtained his own home ect. He spent 5 thousand pounds on a solicitor , funds ran out so represnted himself. His last court hearing was july, the judge let him question the ss and she said he pulled section 7 apart, with lies ect against him, the judge advised ss to go away and bring more concrete info and advised my brother she wants a three day hearing in november so remain at the contact centre untill then...........my brother since JULY15 has seen his children for 6 app , the last 4 weeks the children were said to be on holiday for 2 and last week my brother was told over the phone by social services, we are NOT letting the children come this sat, we have  spoken with your 5 year old and we think hes distressed.  TODAY MY BROTHER IS TOLD AGAIN the children wont be attending tomorrow, this is the 5th week that the children have been with held from their father.  NO explanation. .......MY brother is counterclaiming the accusations that his wife did from next week.        sorry its so long, the ss are being dishonest and biased towards my brother, are they allowed to be above the law like this until nov the next court hearing . The social services seem to  ignore the mothers ocd and she has full custody ,  its like they are setting my brother up to loose his children, he is geting back with the sol from next week end but need advice now.thankyou

Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
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.
Is there actually a court order for the contact.
Clare
Customer: replied 2 years ago.

Hi Clare, yes there is a court order, this was made by the judge in july this year , until the final hearing in november, a thee day hearing

Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Clare replied 2 years ago.
H
My apologies for the delay.
Your brother needs two apply to the court to enforce the order.
This is done using a form c79.
The application is against his ex , but it will enable him to ask the court to order Social Servives to justify what they are doing.
At the same time he can ask the Court to Order an independent report from CAFCASS on the grounds that Social. Services are not respecting the court order.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
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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