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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33501
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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If a judge decides not to grant contact for a father to see

Resolved Question:

If a judge decides not to grant contact for a father to see his children

1./ can I appeal
2./ can I reapply for contact / what are the time scales
Submitted: 2 years ago.
Category: 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.
How old are the children and when did you last see them?
How far has the court application reached?
Clare
Customer: replied 2 years ago.
Hi

One child is 3months & the other is 2years

I last saw my children on December 10th

When my x returned after the recess & did not answer or provide any evidence but did at that point claim rape

She was diagnosed with PND in November
Expert:  Clare replied 2 years ago.
HI
What did the Judge do next?
Clare
Customer: replied 2 years ago.
She ordered a section 7 & gave my x until the 25th February to provide evidence

The social services are currently stonewalling me & have not included me in their assessment
Expert:  Clare replied 2 years ago.
Hi
What assessment are Social Services doing?
Clare
Customer: replied 2 years ago.
The social services were doing & have completed a section 7
Expert:  Clare replied 2 years ago.
Hi
Sorry - when was the hearing?
Clare
Customer: replied 2 years ago.
18th January
Expert:  Clare replied 2 years ago.
Hi
When does the report have to be filed?
Clare
Customer: replied 2 years ago.
I was told it was filed today

Expert:  Clare replied 2 years ago.
Hi
Sorry they claim they have done a Section 7 Report and they have never spoken to you?
Clare
Customer: replied 2 years ago.
Yes I was omitted from the report

I have never been contacted by them through this entire problem
I have been calling daily ( all logged ) to get any sense from it

They even have my daughters DOB wrong & when I questioned it I was told that I was wrong "as are most fathers" & that this is the DOB that was given by my x

They have it as 25/5/2012 when it's actually 25/2/2012

Expert:  Clare replied 2 years ago.
Hi
Have you got the printed order in front of you
Clare
Customer: replied 2 years ago.
By the 14th NCC shall file at court & serve on the parties their results

By the 14th Cafcas shall file & serve the results of the enhanced police checks


I have had nothing
Expert:  Clare replied 2 years ago.
Hi
!4th of February?
Are you sure Social Services were ordered to complete a Section 7 report as opposed to a report based on the initial allegations and their involvement with the child - frankly if the police checks aren't in it is hard to see how a Section 7 could even have been started?
Clare
Customer: replied 2 years ago.
Yes definitely a section 7 -

There was already a 47 investigation but with no police involvement based on her allegations by a MASH centre

The only police involvement was a request for an enhanced police check from cafcas

I take it not being involved in the 7 is unusual ?
Expert:  Clare replied 2 years ago.
Hi
Unusual is not the word.
Have you go the order in front of you
Can you list the directions for me?
Clare
Customer: replied 2 years ago.
It's on a schedule from the judge but I do not have it

The judge requested that social services complete a section 7 by the 14th & file & serve on all parties

A 47 was completed prior to court because my x checked herself in to hostel so they did a safeguarding report

Expert:  Clare replied 2 years ago.
Hi XXXXX 7 in six weeks is highly unlikely
A Section 7 without your involvement is impossible
A Section 7 without all the allegations on the table is equally unlikely
There is something adrift here and it will be worth getting a copy of the Order and checking exactly what was ordered - then writing to the court accordingly
It is in fact rare for contact not to be ordered and on that basis an appeal is usually well worth while
I am certain that there is more to cover but would be happier if we could have a list of the actual directions
Clare
Customer: replied 2 years ago.
I shall call Cafcass & ask why I haven't been served as requested by the judge & I will also call social services & ask why I have not been involved & why they have not served me with a copy of the report as directed by the judge

How do I get a copy of the order from the judge

All I got was a copy of the dates & instructions as did all parties involved.

Every time I do call social services I'm rebuffed & stonewalled completely
The only thing they say is my children are fine & refuse to discuss anything else

As you can imagine I feel like I'm just dangling & I can't get any information at all.

I have complained about my treatment to there complaints dept. - they said I'd hear the outcome by the 17th February ( but the complaint handler has never contacted me to discuss

I'm at a complete loss of what to do
Expert:  Clare replied 2 years ago.
Hi
Can you scan the Order for me?
Clare
Customer: replied 2 years ago.
When I receive it yes

In what circumstances would a judge order No contact

I am really worried as the judge didn't even want to grant me supervised interim contact at a contact centre

Add to this the unresponsive Social services & I'm starting to worry
Expert:  Clare replied 2 years ago.
Hi
The Judge will not order anything as at the moment he cannot be certain sure that they are safe as he has nothing in front of him showing that basic checks have been done.
You are still at the earliest stage of the process - unless there has indeed been extreme violence that has harmed the children then I have no doubt that contact will resume
Before you do anything else - phone the court and ask them to read out what was actually ordered - I suspect that there is something lost in translation
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33501
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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