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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1092
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I've had a section 37 report requested on me whilst I was

Resolved Question:

I've had a section 37 report requested on me whilst I was applying to a child access order. I've had my social worker interview and they are doing their other investigations they need to.My question is What happens next?So if the reports say either of the following
A) he's safe
B) he's ok but there are concerns
C) what the hell stay away!What would be the courts next step in the above scenarios
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Good morning
Welcome to Just Answer
I am a Solicitor and wil assist you.
Please may I ask:
- how old is the child/ children?
- who are the children living with?
- when is the next court hearing?
- what were the issues that led to the S37 being ordered?
Kind regards
Caroline
Customer: replied 1 year ago.
Children are 4.5 and 1.5
Children are living with their mother at the moment.
Next hearing 22 Feb
During the cafcass interview she's made allegations about myself and my family most of which are untrue or highly exaggerated.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
How do you think the report is going?
What kind of allegations were made?
Kind Regards
Caroline
Customer: replied 1 year ago.
I'm not sure how the social service report is going. They haven't given me any indications. I put my points across to the social workers and I think it went ok. I think I emphasised the child safeguarding points but I don't know if that was enough?Allegations made ranged from assault, alleged kidnapping and alleged rape! All of which have no basis.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Those are very serious allegations that the mother is making hence the court asking the LA undertake a S37 report.
In reality there are lots of potential outcomes of such a report and it's not easy to guess the potential outcome without sight of the report when it is completed.
On one end of the scale the LA may ask the court for a care order, to share parental responsibility with you and the mother, with the potential of the children being housed elsewhere. If such proceedings were issued then the LA could even seek that your children are placed for adoption - which would permanently sever the family link. This being if they were so concerned about the children's welfare and there was no other placement that could happen with wider family members deemed suitable.
On the other end of the scale the LA may consider the allegations unfounded and may not need to share parental responsibility and you will be able to have a relationship with your children unsupervised. In this scenario, it must be questioned why the mother would make such allegations and then seek to reconcile.
In any event the LA must consider that you can work with then open and honestly. They must be satisfied that your children can be prioritised and safeguarded.
It's wise to admit your shortcomings and seek help and support as appropriate and offered to you.
You will have a chance to raise questions on the report when you receive it.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Customer: replied 1 year ago.
Thanks. You mentioned in one of the scenarios that the court may question why she's made unfounded allegations and then seek to reconcile, what would the courts view on this regarding child safeguarding? Most of the allegations are centred around my family who don't even live with me.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
It's not great from the mothers perspective if she makes allegations about you and then seeks to reconcile with you. The Court might come to the conclusion that the mother can't safeguard the children and that she is prioritising her own need for a relay above the children.
If as you have said that the allegations are more about your family and you both want to reconcile and can prove you can safeguard then this is less of an issue then if they were allegations about you.
Kind Regards
Caroline
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