Legal advice needed regarding safeguarding

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Posting here for traffic but can post in legal if need be.

My SIL has a son, aged 2. Her H is severely abusive, physically, mentally, financially, sexually and in every other way imaginable. When she was pregnant he ran away and completely disappeared, until the baby was born. He waltzed back in and gave her no choice in the matter. He continued to abuse, this time the baby as well. Emotionally but also physically. He’s bitten the baby, touched him inappropriately and all other sorts.

SIL was well and truly trapped, he cut her off from everyone and continued to abuse her. He raped her frequently.

He was fighting with her one day, and he ran away again (thank god). SIL confided in me and we went to the police and reported everything. They were great and he was arrested, there’s currently a rape case going through.

Now this is where is gets frustrating. Social services obviously got involved, but have been heavily on my SIL’s back. Her son is very very well cared for, he is her life, their home is show home standards, he has a room full of toys and educational stuff. And they are a great team (I appreciate these are “things” but it’s relevant in terms of social services). They check he has a bed etc and all is in order. She dedicates her life to him.

Fast forward a year and it’s been back and forward to court. Yesterday he won the case and is now entitled to unsupervised access to my nephew, with overnights, full weekends and the ability to take abroad imminent (this is what the judge has ordered).

Now her H is currently illegal, she brought him over on a spouse visa from a country not under The Hague convention. She revoked his visa the first time he disappeared when she was pregnant. The home office have tried to find him once but gave up (he works at the Amazon factory ffs).

Anyway, the judge said it can’t be appealed. What the fuck can we do to protect my nephew? My SIL is in pieces. H hasn’t seen his son for nearly a year and now he’ll be allowed full unsupervised access.

Woman’s aid have been great, social services are supporting her H. Her H has no fixed abode, nothing for the child etc. So how on Earth can they let this child be in his care?

I’m stumped and just want to help them.

Does anyone have any advice? Sorry it’s long but I didn’t want to get it all down.

Keep trying with the home office.
The more details they have the better.

Unfortunately the default assumption is that children have a right to see both parents.

It's unlikely that the order can't be appealed, but it will depend on whether there are legal grounds for appeal. Your SIL needs legal advice.

The judge said it can’t be appealed and this was the final order.

Her solicitor, whilst lovely, has been a bit useless. She was recommended by woman’s aid but didn’t seem to have enough fight in her, if that makes sense?

I’ll get her to call the home office again, thank you.

I’m thinking of taking her to another solicitor and seeing what they say. Thankfully she qualifies for legal aid.

She needs legal advice but I would make an assumption based on him being homeless that he cant have overnight care

Children's services are known to do this and yes i do know from a personal level sadly

Jesus fucking Christ OP. The rape case alone should be enough for the Judge to order no contact.

I really understand at all. I’m so angry on yours and SILs behalf.

My friend won full, closed residency of his DC due to his W being an alcoholic, abusive to him and neglecting their DC. She was awful but nowhere near your SILs H level so I’m totally baffled and furious that he’s been allowed any access at all let alone this level.

What the actual fuck

See a lawyer.

You say the father is an illegal because your DSIS „revoked his visa“ That sounds odd to me as only the Home Office has that authority.

I do not think that it is at all normal for a court to grant unsupervised access to an abusive father, with a pending serious criminal charge. Nor would it be normal for someone with a serious pending criminal charge to be in possession of their passport and have permission to leave the country. Still less would they have permission to take a child who is subject to a custody dispute to a non Hague Convention country.

So either the court was not in possession of the full facts or the version of events given to you is inaccurate.

I’m actually furious and sad for her too.

When I say she revoked his visa, I mean she called the home office and said the marriage had broken down and didn’t support his application anymore. As he was on a spouse visa it was only granted on the fact they remain in a relationship.

And unfortunately I do have all the facts. She was clever and had video recordings and voice recordings and took photos of and marks her left on her and her son. Her son has a huge bite mark on his arm in one of the photos, and she even part recording the incident leading up to it .

The rape is him against her, although he told her police it was “his right as her husband” to be able to have sex with her when he wanted.

Sorry I’ve just read that you said the court may not have been in full possession of the all the facts. I believe they were but can double check. I know at the last hearing two months ago his solicitor didn’t even know about the rape case.

There’s a serious flaw somewhere. I just need to work out how to get round it for my SIL and her son’s sake

What an horrendous dilemma. I know it can sound easy sitting behind a keyboard and not actually living it, but I know 100% I could not hand over my baby to a person who has bitten him. I think I'd refuse and wait for him to take the case back to court

I think you may have confused the situation with regard to appealing. It's fairly common for judges to refuse leave to appeal when it's applied for just after the judgment has been given, but that doesn't prevent the parties from applying to the Court of Appeal direct for permission to appeal and being given it.

You could try calling the Family Rights Group helpline as they know all about the family courts.

TBH I would be on the phone to a big newspaper if it was me. You can just imagine the headline 'pedo rapist dad given unsupervised visits'. I can imagine that would instigate some change. Does she know why SS are still involved? She needs to make sure she has reported the child abuse to and detailed all she did to protect her child.

Thank you Acis, I wasn’t there so my SIL may have misunderstood the appeal part. I will look into thank you.

Haven’t heard of Family Rights Group so will pass those details on to her as well.

She didn’t sleep a wink last night and is making herself ill with worry. She doesn’t want to hand him over, obviously and she’s scared about what will happen to her if she goes against the court judgment.

This is all just horrendous.

She’s reported it all to social services, they started out on her side and then they turned against her. He’s very... smarmy... and just one of those people that lies and comes across as being an amazing, kind human being. He knows all the tricks in the book and has got them on his side unfortunately.

I don’t understand though as the evidence is there in black and white. He said about the biting incident that it was his way of showing affection, and they just brushed over it.