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Legal matters

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Domestic Abuse/Children's services failure

17 replies

HelenParr79 · 18/06/2018 22:04

Hello.

I left a domestic abuse situation four and a half years ago. At the time my son was 3 years old. Since then, to cut a long story short, my ex partner has done all he can to sabotage my relationship with my son, sinking lower than low. It got so bad I provided enough evidence to get my son put under child protection for emotinal abuse. I believed that this would hold my ex to account and protect my son. It didn't. His dad never showed up at any panels, and to my horror, the plan stated he was suffering emotional abuse from both parents. Something I have asked them to retract, but they refuse to do, even though they have no evidence to support this.
My son became violent. And I mean violent. Unmanagable and school refusing. I became exhausted and ill and was diagnosed with ME. Last year the name calling, hitting and destruction of my home became too much and I took my son to his dad's after getting nowhere with children's services. He stayed there for three months. He refused to see me and so I waited until he was ready to come home. When he did, he asked me if he was allowed to love me.
Children's services advised me to stop my son having any contact with his dad. What they were asking me was to keep an already violent child, away from his father. This, I knew, would make him even more angry with me. I also knew that I would have to deal with a very angry, unstable, abusive man who believes he is above the law. I was too scared.
My son had been refusing to go to school for months. One day, he was being particularly difficult. He attacked my partner who shouted at my son. My ex got wind of this, came to my house and tried to force his way in. He ended up taking my son against my will and he has been with him ever since. My little boy was about to be assessed as children's services were going before a panel. As soon as my son was staying with his father, attending school and they stopped getting calls that I was being beaten up, they told that panel the situation had changed, and now he apparently doesn't need to be assessed because everything is fine, and I have been taken out of the picture.
My ex will not arrange any contact between me and my son because he claims my son does not want to see me. The police have advised me not to go to his house because of his previous arrest for common assault and threat to kill against me. When I go to school at pick up time to see my son, his social worker calls to ask me why I'm there because his dad has tipped her off (there is no reason I cannot go to the school, in fact, it is my ex who cannot go into school for meetings because of his abusive behaviour at a previous meeting).
They tell me to go to court for an arrangement order. Two things are stopping me;
I do not trust children's services to give me a fair representation when asked by the court;
I will have to send the C100 in with a supplimentary form hilighting 20 years of domestic abuse which will be passed to my ex. He will no doubt use this to turn my son against me further. I have told CS that if I go to court, my little boy will suffer more emotional abuse/brainwashing. They refuse to listen.
I haven't seen my son for 4 weeks today. He was prevented from speaking to me on my birthday. I know that this is being done, in part, to avoid paying me any maintenance. Which he has refused to do for the past four years anyway.
My ex told me if I left, he would "have" me.
Nobody is taking me seriously.
I have written to my MP but have heard nothing.
I have no idea where to turn.
If you have any advice, I would be very grateful.

OP posts:
MrsBertBibby · 19/06/2018 07:18

You have one realistic option which is court.

The longer you leave it the harder it will be.

If you decide not to take that option, make up your mind to letting your son go.

It really is that simple.

HelenParr79 · 19/06/2018 08:52

Wow. I'm sure, to you, it may seem very simple. Are you a social worker, by any chance?

OP posts:
shiklah · 19/06/2018 08:55

I don’t have advice but wanted to say I am so sorry you are going through this op. It really is horrendous. Have you spoken to woman’s aid?

Aprilshouldhavebeenmyname · 19/06/2018 08:55

You need a good solicitor. Write good accounts of everything and leave it with them, I fought my exh for 4 years to keep him away from my dc, worth every second.
Don't ever give up on your ds.

notapizzaeater · 19/06/2018 08:59

You need a solicitor with teeth, ask around for a good one.

Good luck.

prh47bridge · 19/06/2018 08:59

No, MrsBertBibby is a lawyer. And I agree with her.

If you want contact with your son they only way to go is court. Children's Services cannot enforce contact. Your MP cannot enforce contact. No-one other than the courts can make your ex arrange contact. You may wish there was another option but there isn't.

Doyoumind · 19/06/2018 09:05

Sorry OP but I agree you must go to court. At the moment you have no contact with your son. You will get contact through the court. If your ex doesn't comply you will be able to take it further. Once you are both under the scrutiny of the courtn, and can return to court if required, it will be easier to put forward your arguments against your ex.

I know you need support but I am really not sure why you sent your DS to live with your son the first time round. Unfortunately that won't have helped your case against your ex.

Doyoumind · 19/06/2018 09:06
  • to live with your ex
HelenParr79 · 19/06/2018 18:25

The reason I sent him to live with his dad the first time was because I was becoming ill from the constant violence. I was covered in bite marks and scratches, he would pour hot cups of tea out over the coffee table, urinate over the floor, knock bowls of porridge out of my hand and run off up the road. I have ME and fibromyalgia. I could not keep up with this. I became exhausted. When I phoned children's services they would tell me to send him to his dad's so I could recouperate. Since then, I have had shoes thrown at my head and a can of paint thrown down the stairs ruining the hall carpet. There are many times where I haven't been able to make dinner because I couldn't turn my back on my own child.
I haven't got enough money to employ a solicitor. I have had my free half an hour and then was denied legal aid on the grounds of domestic abuse because my ex was arrested but not charged for common assault and threat to kill - the only witness being my son.
I don't know if you appreciate that if I go to court this man could get full custody. I cannot risk that happening. What I need first is for the brainwashing and parental alienation to be recognised and challenged. I want the bottom line of the child protection plan we agreed on, and which has been crossed to take effect as promised.
We are talking about children's services, who, in my case, removed me from the domestic abuse situation, loaned me money to help me until my benefits came through, and assured me that if my ex tried anything like he has done, they would be there to take him on. They lied.This is why women stay in abusive relationships, because you risk losing your children.

OP posts:
HelenParr79 · 19/06/2018 18:29

I must add that because my ex has made himself the injured party, our son wants to, at times, live with his dad, and I never sent him when he didn't want to go. In fact, he used to behave like this conciously, so he could go there. He now does not want to see me or speak to me.

OP posts:
prh47bridge · 19/06/2018 18:36

Your son is living with his father now. So what do you think you will lose by going to court? If you go to court you are likely to get contact on the information unless there is some major piece of information you haven't told us.

If there is parental alienation the courts will deal with it. They may ultimately order that your son should live with you if that is the only way to address the issue. You won't get alienation dealt with without going to court.

I'm afraid, however much you want another option, the only way forward is through the courts.

PotteringAlong · 19/06/2018 18:37

I don't know if you appreciate that if I go to court this man could get full custody.

But he’s living with his dad now and you haven’t seen him? Do you appreciate that, if you don’t go to court, nothing will change?

HelenParr79 · 19/06/2018 18:51

Firstly, I am being completely honest.

Even our latest social worker said at the last meeting that going to court might make things worse between me and my son (Because his dad will tell him I am "taking his daddy to court").

Have you lived with a man you were scared of? Have you had your baby taken from your arms when you tried to leave and been told you can go but not take your children with you?
I am too scared of my ex to go to court. He has threatened to kill myself and my partner. Nobody takes this kind of thing seriously until it's too late.
I was assured that if my son heard negative things about me or my family we would return to panel and children's services would seek legal advice regarding contact. They have not stuck to what they said.

OP posts:
Doyoumind · 19/06/2018 18:56

As PPs have pointed out, your ex currently has full custody, just not in a legal sense. You have literally no access to your son. It is extremely unlikely that you would come out of the court process with no contact, so whatever happens would be an improvement. If it goes to court, based on what you have said, Cafcass and various services will get involved and you will be able to put your concerns to them and the court.

The longer you leave this without going to court the more likely your ex is to get custody because it will become your son's norm.

Court is scary but I don't think it will be as scary as you think. I say this as someone who was scared to leave their abusive ex because of what would happen to DC and was scared of court. I did everything to avoid court. I have to say I am glad it went to court now as I couldn't not have continued with the way things were. When my ex steps out of line he knows now I'm not scared to go back to court.

RedHelenB · 19/06/2018 20:48

It seems a real mess and no child is unscathed by losing their mother at that age. You need to go to court as the others have said and dhow your son that you want contact with him. I think matters have been complicated by your partner being in the equation.

HelenParr79 · 19/06/2018 21:39

I hear what you're saying. I did, indeed, file urgent papers to the court weeks ago for a child arrangement order. I paid the fee, the form was checked through then and there. This took a huge amount of courage. The following day, all the papers were returned to me because they had failed to notice that the C100 I filed was slightly outdated. I haven't had the nerve to re-submit. But I will.

OP posts:
Aprilshouldhavebeenmyname · 20/06/2018 13:46

My exh spent ten years trying to turn my ds's against me. I had ptsd due to years of court visits and accusations (towards exh not dc)
When my ds's hit teens they walked out of their df's house and never went back.
Don't underestimate the bond you and your ds have. Even if it doesn't feel like you have anything now, don't give up.
At 16 my ds is a reformed son. He has goals and aspirations, and love and respect for me at last. Despite his df's efforts.
Here to chat op...

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