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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1086
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am filling in a C100 form can you explain "urgent and

Customer Question

Hi I am filling in a C100 form can you explain "urgent and without notice hearings" 4a/4b page 6 and page 7? I am applying urgently because I have taken my son to come and live with me as his mother was admitted to hospital under the Mental Health Act. Child services old school and new school informed. If my ex-wife is detained, am I solely responsible?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask - is your son living with you now?
How old is your son?
Has the mother tried to take your son back?
Do you have parental responsibility?
What have social services said?
Kind Regards
Caroline
Customer: replied 1 year ago.

1.yes

2.11

3. She is detained at the moment but will try to take him back

4. Yes I have, we were married when he was born

5. MARAT were not involved this time, but I spoke to them and they felt concerns about my sons long term development and were supportive of the decision. This view was strongly agreed by the head teacher in his school along with the pastoral care worker.

Also, do I fill in number 7 factors affecting ability to partcipate in proceedings?

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming that for me.
Please may I also ask:
Is your son at risk from his mum? What are the concerns?
How long is mum likely to be detained for?
Kind Regards
Caroline
Customer: replied 1 year ago.

The risks are long term. Not directly from the mother. He would never be subjected to physical abuse. But she and her sisters talk openly about their feelings which hurts and confuses him as they are often negative towards me. She has overdosed whilst in care of our children. This has led to a high level of involvement with child services.

His mum is likely to be detained for atleats 10 weeks, plus a significant recovery. The average time detained per year is around 3 months

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming that for me.
In respect of 4a
The orders you need to seek are:
Child Arrangement Order to confirm that you son lives with you/
Prohibited Steps Order to prevent the mother removing your son from your care
Child Arrangement Order in respect of the time that your son spends with his mother.
In respect of the reasons for Urgency - you need to explain that the mother is currently detained and that you are not sure of the length although you do consider that this should be at least 10 weeks. You should explain that you are concerned that the mother will not be able to care for your son on her release as she may be fragile and she has previously overdosed whilst caring for him and that you would like the matter to be considered as soon as possible.
In reality if you put your application in the next few days then the first hearing would likely take place prior to the mother release anyway - but I am assuming that you are using urgency as a reason not to have attended at mediation - so in respect of the next boxes - if you detail that you would like the matter to be heard as soon as possible and in the next box - that you will serve a copy of the application on the mother as soon as you receive a copy of the same.
You do not need a without notice hearing as the mother is currently detained. Without notice is a hearing initially without the other party being informed. This is used when there is a risk that the mother might try to frustrate the proceedings should she be given notice of the hearing in advance - such as trying to abduct your son. This wont be an issue if the mother is detained.
In respect of Section 7 - you should complete as much detail as possible in respect of the mothers condition.
Kind Regards
Caroline
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Customer: replied 1 year ago.

What I should also have said is that I also have a 15 year old daughter. She would refuse to come with me as she is at a difficult age (15 nearly 16) and taking exams. Also, her feelings are confused after the break up of the marriage. She has become a carer to her mother when she is at home. She would also be welcome to live with me should she wish. I have put her name on the C100 and mentioned that she has opted to stay with her sister.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
The court will take into account the wishes and feelings of your daughter at the age of 15.
It is right to include your daughter in the application.
I would imagine that the court would likely order the Local Authority to under a report into the background. This is known as a Section 7. The author of the report would what to assess the care that your daughter is receiving by the adult she is living in and they would also ask her wishes and feelings.
Kind Regards
Caroline
Customer: replied 1 year ago.

I discussed with Grandmother the situation of taking my son to live with me. But I have not formally contacted the childrens mother. Is it necessary to do this by email or do I do this by the serving notice copy? Also, do I need to write any other names in section 11, others to be given notice? I understand I also have to fill in a C1A?

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Given the mothers recent admittance then it might be best just to wait until the hearing is listed. If it's listed with more than a few days notice the court will serve by post - so you don't have too.
If no one else has parental responsibility then you don't need to fill anyone else in this section.
The C1a is where you detail your concerns.
Kind Regards
Caroline
Customer: replied 1 year ago.

Do I definitely need a prohited steps order? If they are in my care she is unlikely to take my son by force. Maybe she would try to persuade him. Would that be the reason why?

Expert:  ukfamilysolicitor replied 1 year ago.
If you get a child arrangement order confirming that your son your son lives with you then you don't need a PSO as the position is confirmed but if CAO not granted straight away ask for PSO in the interim. With a PSO you could also include that she can't remove from school. Just leave your application saying both if you are concerned mum will try to remove and see how the court deals with it.
Kind Regards
Caroline
Customer: replied 1 year ago.

Ok. I have applied for a PSO. I am very concerned. My son was very happy and relaxed and understood that he was living with me. Then he spoke to his half sister and she told him she was going to come and pick him up and take him "home". I am not sure what else she told him but he was very upset and confused and started crying and screaming. First of all what rights does everyone have: Grandmother, sisters. Is it reasonable to say he has a busy week at school call on the weekend? If his mother is detained under the mental health act does she have parental rights? How long does it take to get urgent custody or PSO under htese circumstances?

Thanks

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
No one other than you and the mother have Parental Responsibilty - unless it has been conferred upon them previously by court order. If they sought to remove him - ring the police and ask for their assistance to return your son.
Mum's PR is not removed by virtue of her being hospitalised - the issue for the court is to whether your son is safe and what time he should spend with her.
It's perfectly fine to ask others to call at weekends.
Kindest Regards
Caroline
Customer: replied 1 year ago.

I am due to attend a directional hearing in 2 days. My son is happy and settled with me and happyu at school. My daughter has remained in the care of her elder sister because she is in the middle of her GCSEs and her education would suffer if she came to live with me. Their mother is still dtained under the mental health act. CAFCAS have filled a report then states the mothers issues have had a significant inpact causing involvemnent of CAFCAS and in the case of my daught Adolescent Mental health services. Their mother will not be attending the hearing. What are the possible outcomes when the other party cannot attend. Is it possible the court could make a decision in a directions hearing rather than carrying on to a final hearing?

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I hope that you are well.
Given the issues with the mother - the court may consider that it is appropriate to make an interim child arrangement order at the hearing to confirm that your son is residing with you.
The issue of the time that your son spends with his mother may still need to be explored by the court. Have Cafcass made any recommendations in this regard? Statements? Section 7 report? report from the mothers treating clinician?
Kind Regards
Caroline
Customer: replied 1 year ago.

What is an interim arrangement? Are you saying that they may wait for the mother to come out of hospital? The Cafcas report said that they felt that I had carefully considered my actions and it was clear that I was putting the needs of the children first. They said that the mother had discussed adult issues and feelings regarding the break up and the pain she was experiencing with the children and that this had an effect on both children. They recommended a section 7 report and they had a diagnosis from the doctors. There was also mention that she had attempted suicide whilst the children were in her care and that she felt anxiety about the children spending time with me and this had caused the children confusion particularly the eldest child who had become a carer for her mother. They also said that CAFCAS hads been involved in the past due to concerns that the mother had taken the children out of school to home educate them and that their were concerns about the children receiving proper care after we had separated.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
An interim order is an order that confirms the current position.
Given the level of concerns in respect of the mother - I do think that the court will agree that an interim order should be made to confirm that your son lives with you. Such an interim order would stay in place until the case is finalised.
Given the recommendations of Cafcass - it is likely that the court will order that the Section 7 report be undertaken before the case is finalised.
The Author of the Section 7 report will meet with you and the mother and then make recommendations to the court as to:
1) who your son should live with, and
2) how much time your son should spend with your daughter.
These types of reports normally take 12 weeks.
The Court will likely list your case for another hearing after the report has been concluded.
You might be able to finalise the case at that hearing - but if either you or the mother disagree with the S7 report - then the matter will be listed for a final hearing and the court will make a decision on what the final decision should be.
Kind Regards
Caroline
Given the level of concerns tgat
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Just re- read my post
point 2 - should have read -
2) how much time your son spends with his mother
please do not hesitate to ask if I can clarify anything for you
Kind Regards
Caroline
Customer: replied 1 year ago.

What would be the possible arrangements we could make. My daughter says she wants to stay with her mother. I would like her to come to live with me after her GCSEs. How could I ensure everyone has contact? Can an order be made for a 16 year old? If she says she doesn't want to live with me will they listen?

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Court are unlikely to order against daughters wishes - given her age. But given the level of concern I would imagine that Cafcass would still want to consider your daughters safety within their report.
Kindest Regards
Customer: replied 1 year ago.

The court case is tomorrow I was hoping that they would make a final hearings rather than taking it to 3 courts for the following reasons.

1) My son needs to know what is happening because he suffers when he is with his Maternal family because they discuss that he may be coming back. This makes him extremely upset and confused. When there is a period of no contact with his other family he is a happy stable boy playing with his friend and enjoying school

2) He is in year 6 and starting secondary school in Sep '16. The education authorities need to be informed by the first week in January

3) This case is also linked in to my partners case who has a final hearing on the 12th Jan. I am currently working 2 hours away from where I live and we all want to move closer. Her case is applying to vary a consent order with the father of her children so that we can move closer to my work. We want to build our family closer to my work so that I can raise my son and not be away during my woring week.

4) A section 7 has been requested which still could take place. It wont be the first section 7 that has been carried out on my children as a result of their mothers illness. All reports and intervention by CAFCAS have stated the same. That the mother has a severe mental illness, fails to follow treatment or listen to advice given my Drs. doesn't recognise her approaching deline, has a re-occuring condition and this causes stress and anxietites to the children and has had a negative impact on schooling and attendance. My son was being treated for stomach pains which was sited as linked and my duaghter is being referred to Adolescent Mental Health Services. I do not feel the court need this to make a decision but would invite this to be taken place to ensure all of the childrens needs are being met.

5) The mother is in hospital. The stress of this case is not helping her or the Maternal family. To prolongue this case would invite continued and unessary suffering and even delay the mothers recovery or even cause a relapse if the hearings are subsequent to her returnng from hospital.

Customer: replied 1 year ago.

The court case is tomorrow I was hoping that they would make a final hearings rather than taking it to 3 courts for the following reasons.

1) My son needs to know what is happening because he suffers when he is with his Maternal family because they discuss that he may be coming back. This makes him extremely upset and confused. When there is a period of no contact with his other family he is a happy stable boy playing with his friend and enjoying school

2) He is in year 6 and starting secondary school in Sep '16. The education authorities need to be informed by the first week in January

3) This case is also linked in to my partners case who has a final hearing on the 12th Jan. I am currently working 2 hours away from where I live and we all want to move closer. Her case is applying to vary a consent order with the father of her children so that we can move closer to my work. We want to build our family closer to my work so that I can raise my son and not be away during my woring week.

4) A section 7 has been requested which still could take place. It wont be the first section 7 that has been carried out on my children as a result of their mothers illness. All reports and intervention by CAFCAS have stated the same. That the mother has a severe mental illness, fails to follow treatment or listen to advice given my Drs. doesn't recognise her approaching deline, has a re-occuring condition and this causes stress and anxietites to the children and has had a negative impact on schooling and attendance. My son was being treated for stomach pains which was sited as linked and my duaghter is being referred to Adolescent Mental Health Services. I do not feel the court need this to make a decision but would invite this to be taken place to ensure all of the childrens needs are being met.

5) The mother is in hospital. The stress of this case is not helping her or the Maternal family. To prolongue this case would invite continued and unessary suffering and even delay the mothers recovery or even cause a relapse if the hearings are subsequent to her returnng from hospital.


Expert:  ukfamilysolicitor replied 1 year ago.
Hello
The emphasis in all children act cases is that is important that the cases end swiftly.
It is important that the issues are resolved as soon as possible so that final orders can be made. The certainty of final orders being made swiftly is considered to be in a child's best interest.
That being said and given the recommendations from Cafcass - I am very doubtful that the court will finalise matters tomorrow. The court simply does not have all the evidence that Cafcass is recommending.
By all means make your representations to the court - but don't hold your breathe that they will agree
kind regards
Caroline
Customer: replied 1 year ago.

I have another issue. I live with my partner and commute to work 100 miles away. This often means I am away a couple of days at a time. We were applying for a move closer to my job and change the contact order with her ex. she has two children. One starting secondary school next year. Her hearing is the 12th Jan. We just received a section 7 on her case. The Cafcas officer said that my partner was putting the needs of my son ahead of her own children. The report rules against moving. We have a new house to move in to and the children have applications for secondary schools next year in the new area. In light of the need to be together as a family will the judge consider this. It appears the Cafcas officer has merely listened to what the children have said on face value. ie. we don't want to move away from our friends and we want equal time with both parents. Will the judge follow the section 7 as gospel? Last time my partner made the consent order it was the same cafcas officer and his report was thrown out by the opposing barrister as biased. Now it seems to be written one sided against.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
My sincere apologies for my delay in responding to you.
Whilst the proceedings are completely separate the outcome would of course affect the other proceedings.
It is important to raise the issue from the outset in your proceedings.
In respect of your partners case - she needs to challenge the report at a final hearing. Cross examine the author as to the outcome he reached and put to the Judge that the conclusion is not in her children's best interest.
The court will decide and will give weight to the children's wishes and feelings (in light of their age and understanding) contact with dad, and the report.
The Judge will need a lot of persuading otherwise but it may be possible if he is convinced your plan is the best one for the children.
Kindest Regards
Caroline