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plclegal, Barrister
Category: Law
Satisfied Customers: 7866
Experience:  Barrister at law
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Yeh family, uk, Basically there is no order in place my son

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Yeh family
JA: Where is this? It matters because laws vary by location.
Customer: uk
JA: What steps have been taken so far?
Customer: Basically there is no order in place my son lives with my mum like I said no court order basically she hasn’t let me see him there are now cps concerns on her but I am fine with no concerns I am taking back to court was just wondering weather that would make an order for my son to come to me
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yh I have*****hearing on Thursday all the concerns have gone to court via court adviser
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: magistrate It’s Yarmouth
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hello, my name is*****’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

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Please be patient with me as I am generally assisting multiple customers at once! Thank you.

Customer: replied 7 days ago.
Thank you must appreciated

I'm happy to help. Of course any decision the court is going to make will depend on a coupe of factors - 1. The strength of the relationship you have with your son through established contact and 2. His best interests. The court is going to be guided in the first instance by the recommendation of the family court adviser from Cafcass. If there are no concerns around your care of your son, and he has a good relationship with you, then I cannot see a good reason why the court would not agree for him to spend time with you or possibly be in your care.

Whether he comes to you full time would depend on the concerns, if they were serious enough to prevent contact with mum, and also whether it is felt that a move is in his best interests and will not be too upsetting at this time.

You may find that a gradual, phased approach to a move is suggested, or that the court orders contact and a further review in the coming months.

Really you need to be clear what Cafcass are saying to get a steer on what the court will do at an interim hearing.

I hope that helps.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For PLCLEGAL only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Take care and stay safe.

Customer: replied 7 days ago.
The concerns are on my mum where he is the carcass and all others school have all put child protection concerns in the report regarding my mum she has emotional and physical abused him and he is at further harm if a order is not made for him to be with me I have full pr no pr order made in relation to my son being with my mum he wanted to stay with her due to her having cancer

I understand. It sounds like the court is probably going to make an order in your favour, but of course your son's wishes will need to be factored in and so if he did come to live with you there might be a fairly high level of contact with his grandmother factored in if this is what he wants.

I hope that this helps.

plclegal and 5 other Law Specialists are ready to help you

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

Customer: replied 5 days ago.
Had court today a prohibited steps order was place on grandma and section 37 was request the judge is going to ask la about a public law order given the fact they are already invoke with grandma due to emotional and physical harm child protection referral how likely would it be for la to public law order while section 37 is done on her next court hearing is 26 th aug

Hello good to hear from you.

A public law order will depend on the assessment of the risk of harm. Public law orders come in various forms though, and there are things called supervision orders for example which are where the LA will offer assistance and guidance without taking on too pro active a role.

Customer: replied 5 days ago.
Becomes there is so many concerns on here I didn’t understand that bit if I am honest
Customer: replied 5 days ago.
found out he is on child protection

OK. Child protection is a fairly serious matter. A public law order is the next step up from that - one which the LA will only take if the risk of harm justifies it. A supervision order is where they offer a supervising role and a high package of support. A care order is where they take the child into foster care, temporarily, while the court decides what is the best option for the child.

Customer: replied 5 days ago.
Thank you that is just what my sons social worker has just clarified. She explained habitated steps order to me what a great outcome

Good - I'm glad you are happy with the outcome.

Customer: replied 5 days ago.
Thank you for the advise u clarified everything I researched along side with the social worker I very much appreciate your advise

My pleasure - happy to help. Best wishes to you.