I am a father of two young children aged 2 and 3 for whom I have full parental responsibility who have resided with their mother since our separation - since that time there have been serious ongoing concerns for the safety of my children whilst in the care of their mother - I have been to Court twice to apply for a residency order for my children in the light of incidences that have occurred and with Section 7 Reports from Childrens Services recommending the children reside with me, the last time there was also a Police Officer in Court who gave evidence as to him attending at the property where she was deemed drunk and incapable of looking after the children and I had to go and get them. Twice the same Judge has deemed to ignore Childrens Services Report and the Police Officer's testimony, consistently believing her Barrister that she is a changed woman and that the allegations are false - she is not and they most certainly were not as was evidenced - there are absolutely no concerns at all with regard to me or my children residing with me at my parents home. We are now in the position of Childrens' Services escalating the matter to a Child Protection Plan given the serious historical concerns which include her being drunk in charge of my children, and most recently the police confirming that males are attending the property who are known to them for violence and drug offences whilst the children are there, that one of these males apparently took my children out on his own, that her 11 year old daughter takes my children out whilst these men are around, amongst other things. I am attending the Child Protection Conference this morning where all of these concerns are being raised by Childrens Services - my question is if I apply to the Court again (this will be the 3rd time!) for a residency order - 1. Can I insist that it is not heard by the same Judge as I have absolutely no confidence in him given his historical judgments and the evidence presented, 2. Will the historical evidence of the previous Court hearings be taken into account? and 3. I have had legal representations on the past two occasions which my parents have funded, they are unable to do this now - so any advice you would give on preparing my statement to file i.e. some brief pointers of what I should include (I am quite capable of doing my statement but just need to know how to refer to previous hearings etc etc) - I am beside myself with worry - I see my children regularly but it appears the Judicial System is letting them down in keeping them with their mother against Childrens Services advice and all the evidence both current and historical gleaned to date - it is a tragedy waiting to happen - I would welcome an opinion and advice n how to move forward. I will know more with regard to the Child Protection Plan after the meeting today. Thank you. Scott
The last hearing was in October of last year - the children stay with me every other weekend and two days in the week every other week but more often than not they are with me more.
The Child Protection Conference this morning resulted in a Child Protection Plan being put in place for my two children which their mother has to comply with.
She also has an 11 year old daughter who is currently residing with her father, since the last serious incident in September of last year when the Police were called as she was drunk in charge of the children - he was also in attendance. Her daughter is currently the subject of a Child in Need plan and has practically stopped seeing her only having seen her once in the last 5 weeks - the Chair said this morning that the 11 year old will remain the subject of a Child in Need plan for as long as she remains with her father but if she is returned to her mother this will escalate to Child Protection also as she would be deemed as being "at risk" as are my two children who under the age of 3 and are being left with her - it seems nonsensical to me. We have another meeting in 10 days time - I just need some direction as to whether it is now worth me going back to Court for the 3rd time given the complete failure of my last two attempts and the escalation that has now occurred as a result of the Judge leaving my children with their mother, given that I am having to represent myself the best way of doing this as I would certainly want the historical evidence that has been presented at the first two hearings taken into account by any Judge presiding over a further hearing.