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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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How can we go about making an appeal against a high court

Resolved Question:

Hi how can we go about making an appeal against a high court judge who has recently asked for a section 37 report on my sister and nephew and the report was completed and in my sister's favour. The social worker even advised the case to be dismissed as it had been in 2008 for the same reasons of her ex's threat to my sister and her son as well as because sister suffers from PTSD and her ex is the trigger to this. Her ex has made a contact application to gain access to my nephew. He already has murder charges against him and he has absconded bail in Bangladesh and fled to the uk. Regardless of all the evidences clearly infront of the judge the judge has now put an interim care order in place for my nephew. My sister suffered domestic violence from her ex and medical reports also prove she has been raped by him all the facts are infront of this judge yet he ignores it all and still put this interim care order on my nephew. Is there anyway possible to appeal against his harsh order that hes recently put in place?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family solicitor.
Is your sister represented in the care proceedings?
For sake of providing some reassurance, an interim care order is only a temporary measure and is granted by the court to the local authority so that the local authority share parental responsibility with your sister to enable them to make decisions regarding your nephew.
The court will need to obtain statements and reports from experts when deciding whether your nephew should return to your sister, placed in a family placement or an alternative placement.
In order for the court to grant the interim care order they would need to have been satisfied that your nephew is suffering, or at risk of suffering significant harm, including neglect, emotional or physical harm, and it appears that the court were satisfied bases on the evidence.
There will be further court hearings and if your sister does wish for him to return then she needs to apply to contest the interim care order through the current proceedings.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** have been a Family lawyer for 30 years and have dealt with Care cases I am aware that to date this has been a private law matter - and that it is likely that the child is still with his mother.The first semi good news is that now that the matter is a Care case your sister will be entitled to free legal aid - and indeed if your sister has not been represented to date this may well be the reason the Judge has made this decisionIf you need more help I will need to know how hold the child is and when he last saw his father AND why the Court ordered the report in the first place
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. Please let me know if you have any further questions. If not and you found the information provided helpful please could you rate my response positive so that the question can be closed.