Can they do this ?

[rowe]

Ok so this is long and we appoligise now ! So we came on one of these a few months ago ,my uncle and his wif had there dd taken from them at birth and had three others taken a few years ago .We put our names down to have the dd and adopt her but ss were twin tracking with my uncle and aunt for the dd to go home so we were signed up to do somthing called support networking ! The dd came home the week before christmas and we visit twice a week . My uncle was due in court next week to see about getting the other three back ,but we/they have been told that if they attend court they will have dd taken away that day ! Can ss do this ?

do you mean that because your uncle is trying to get the other 3 back, ss will take dd away?

Possibly it was a condition of having her back that he mustn't try to get the other children back?

I have no knowledge of how these things work but it's a possibility.

I suspect unless you are fully aware of the prevoous legal proceedings regarding the children being to the contrary, they can.

yes they have said they will take her away
i cant find enything on the net

Social Services can't the court can, but then SS can only make recommendations to the court, it's up to the court to hear all sides and decide. If they decide that's the way forward they will send SS and police to get the children if you don't go.

S they wouldnt take her there and then ? but that still means they may lose her !

i agree it sounds like it may be a condition of them having dd back, that they have her as their sole child. It may be that SS have evidence that they can't adequately care for more than one child.

have been reading threw the cotract we signed and their phscologist has said they can only mentaly cope with one child and together ,but this was done 2 years ago so shuldnt they be able to have a new one done as they have changed soo much these last few years ?

If the court decides they won't keep the children they can take them straight away. If it hasn't been to court yet then it's not decided - it's the same as when someone is arrested, the police/CPS put their case forward but it's up to the court to decide and however much the police/CPS might be sure of their case it's not over till the judge says so.

If you're (as a family) not happy with the reports then get your solicitor to ask that they be repeated.

but if their dd has only just gone home the week before christmas?! They need way, way more time to prove themselves to SS. And TBH I think the social workers would be entitled to take the view that going back on their agreement within a week or two hardly shows their commitment to it and ability to keep to it, in a good light.

I think they need to honour their commitment to their DD first, then look at the other situation.

I think they'd have to have asked for a review of their capabilities before going to court. Can they not put this hearing on hold until SS have done so once the child is settled or have SS already done so and not changed their minds ? Seems very early to go back if they have only just got their dd back. Ultimately it is the court not SS who decide the outcome but it sounds as if SS evidence will still count against them. Do they even have permanent custody of the dd yet ?

i dont think they have they are still very much on the one strike and she is out of there so but like you say Leo9 they are going back on the agrement within a fortnite of having dd back ,thankyou all so much for your replys . i will keep you all posted i hope they do the right thing by dd before they try for the others if they have been haved for a while and coporated then they may get further in court . thank you again

The question, if I understand correctly is, can SS take the child away from the father (or family) if they sent the DD home, if the Father goes to court to try to get the return of the older 3 children?

You need to find out what orders are on the baby at the moment. If the LA share PR with the mother and father, then there is a care order, or interim care order (ICO) on the baby. This means that there is a care plan as well, so the LA an ask the court to approve an amendment to the care plan to reflect that the baby moves to foster care. The grounds for changing a care plan don't seem to be as strong as removing a child from their home, but you can use the same arguments.

If the baby is back home on a residence order, the LA would have to reapply for an ICO.

You might want to find out what behaviours the older children display which might render the baby "unsafe" if the older children return home.

Another issue will be if the older children have been away from their family for 3 years or more. After 3 years, it's very hard to get your children back because the LA use the argument that you are a stranger or partly a stranger to the child, mostly because the LA reduce the contact to a few times a year, or once.

Are there placement orders on the older children? If there are, the battle is mammoth and enduring, the only people to gain out of this battle are solicitors because they get paid regardless of if they win or loose (if thee is a winner or looser in the secret family courts).

ok that all makes sence they have been away for three and a half years and it was the parents that were the danger ! Thankyou.

Depending on the contact arrangements, all hope might not be lost.

The father might be better off asking to increase contact than get the children home.

The chance of success for getting contact ordered should be better than getting a residence order.

ok thanks will sujest that to him

How did it go?

Diffrent name same old story . today they failed a drug test am soooo angry with them .they are in court tomorrow to see wether they can keep dd for another 6mths . i dont think the judge will be too impressed !!!(they didnt go to court in the end as their solictitor told them not too.}

well they have said they can keep dd for another 3 months as long as my suport is steped up and they do some programe thingy so fingers crossed they realise how lucky they are