anybody know how easy it would be for to discharge a order?

[2Princess]

My H has a fantastic son who has been placed in foster care, due to being taken away from his mother under an EPO.

At the tie we could not accomodate him as we only had a one bedroom flat. We have been trying to sell during the court procedures and my H little boy (who's 9) has been placed with my H sister.

We have now been able to sell our flat and moved into a 3 bed property so that we can accomodate my H son.

The child is under a care order and there is no possibility that he will be returned to his mother in the future. We now have a child ourself, who is my H child half-sibling.

We have not seen much of my H child as my H sister lives 150 miles away and we don't know how easy it will be now to hopefully reunite my H sn with his father and for hi to come and live with us and his sibling.

Also, my H has always had PR since going to court and getting it when his son was a toddler, but social services now have PR aswell and my H is fearing that social services will get in the way, as if and hopefully when the child comes to live with us, will social services override my H decision making for his chilld if they do not agree with it? And how easy is it for social services to dischrge their care order, as we just want to be have a normal family environment for him.

Please help as advice is urgently sought. x

As far as I am aware you need to speak to ss and you will need the help of a solicitor too. If you are serious about this speak to a solicitor they know how all the care orders work. Is it an interimcare order do you know? You will have to go through procedures etc with s.s. Start the ball rolling asap! These orders are set in court so you need to show your wishes as they have to be renewed after set periods of time. Good luck!

I can answer the question, but keep in mind that I am answering without any knowledge about the case and answering the question with an option. There might be more options, some which legal professionals will say that you can do, but wouldn't advise.

You can ask for permission to apply to revoke the care order (if there is a full care order on the child). The problem for the Court would be that the last order takes over, which would be an ICO....which isn't helpful.

If there is an interim care order (ICO) on the child, then the father can oppose the renewal of the ICO. Once the ICO ends, the last status quo would be living with the mother....which isn't good for the child (from what I can figure).

Next would be to ask for a residence order. A residence order automatically discharges a care order or ICO, but not a placement order. (placement order allows a child to be placed for adoption). Thinking logically, the child having a drastic move would be seen as a disruption, so at the same time as applying for a residence order, also ask for a contact order and interim contact order.

Interim contact will take the lead of all the applications. It's the contact arrangement made while deciding what contact order to make and if a residence order should be made.

Think from the LA point of view. The child is9 and the LA want to keep the child in the area he grew up in. If the family what looks after the child are in the area, then that family is better placed to care for the child. The LA generally don't care about moving a child away from their parents, so their intention of keeping the child in the area as opposed to placing the child with the other parent would loose in the court of appeal.

If there is a care order on the child, and you get a contact order, the LA should help towards the costs to facilitate contact, if not cover the costs of contact.

Would the family looking after the child oppose the boy moving to live with you? If so, you might have a legal battle on your hands....usually money is involved because a LA should be paying the family to look after the boy and the family might not want to loose the additional income (hopefully that's not the case).