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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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If a court order has been made to appoint an ISW can I

Customer Question

If a court order has been made to appoint an ISW can I challenge this, the court did not want to make a section 47 or 7 as it could risk the child being taken into care, however the ISW is going to cost thousands of pounds and I am the respondent so I have not chosen this and the child has clearly stated he wishes to stay with me and if a section 7 or 37 could be made he could stay with the current social worker who he knows as he clearly says he does not want further involvement, but at least it would be easier for him with someone he already knows
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my bets to help you but I need some further information first.

How old is the child and what is the exact wording of the order that has been made

Customer: replied 1 year ago.
He is 8 years old.
CAFCASS Cymru / Local Authority s.7 Reports / s.37 investigation and report.
A Independent Social Worker is to be instructed to prepare a report as to:
Specify as appropriate, such as:-
• The ascertainable wishes and feelings of the children. ]
• The home conditions and suitability of the accommodation of the mother/father
• The concerns of the mother with regard to the father’s online activity
• The concerns of the father with regard to the mother’s partner and extended family
• Whether or not the children’s physical/emotional/educational needs are being met by the mother and the father,
• How the children will be affected by any proposed change of residence
• Whether or not it appears that the children have suffered or at risk of suffering the harm alleged by the father, or as a consequence of the conduct alleged by the mother in relation to the father.
• The parenting capacity of the mother having regard to the allegations that the mother’s partner and extended family may not be suitable for Cai to reside with.
• The ISW, if possible should express a view as to who Cai should live with and appropriate contact in relation to the non resident parent.
The ISW is to be agreed within 7 days of this order, and a joint letter of instruction to be prepared within 14 days thereafter. The Applicant father will meet the cost of the ISW, however the contribution to be made to the agreed fee is to be considered by the court at a later date.
The ISW report is to be disclosed to both parties and filed with the court no later than 21 September 2016
Expert:  Clare replied 1 year ago.

For clarity you will not have to pay towards it?

Customer: replied 1 year ago.
They will establish how much the will recover from me after they have the reports
Expert:  Clare replied 1 year ago.

Did you object at the hearing?

Customer: replied 1 year ago.
I didn't realise I could, my solicitor said I we should ask to wait for the outcome of the current social services report then come back to court but the judge would have this so then went with the judges initial proposal of the isw
Expert:  Clare replied 1 year ago.

Is there a report outstanding?

Customer: replied 1 year ago.
social services are currently investigating as the boy's father made allegations of emotional, physical and sexual abuse but these are unfounded. The report is due on the 5th of September
Customer: replied 1 year ago.
She's told me that she will but for the boy to stay with me in the report but I'm going on holiday for three weeks on Sunday so she wants to see me once more when I return and she wants to see him with his dad once more
Expert:  Clare replied 1 year ago.

Please explain again why the Judge said he wanted to have an ISW?

Customer: replied 1 year ago.
Because if my ex still wanted to challenge custody and they was no risks seen by social service the better that than a 7 or 47 as that implies he could be taken into care which no one felt necessary
Expert:  Clare replied 1 year ago.

Ah - in fact the ISW has ben Ordered to do a S7 on the basis that the Social Services will say they have already done one?