Help - Child welfare at risk, emergency hearing?

[User12464332877]

Long story, my 9 year old step son lives with his mother. There were serious welfare concerns a few years ago, social services & police involved. We applied for residency but his mother was given a second chance after agreeing to attend parenting courses etc. She moved him 300 miles away so we see him every holiday.

The past year she’s been increasingly erratic. Last week we were contacted by her best friend and sister to say she’s paranoid and delusional. Social services are visiting her on Monday and the crisis team were called last night. SS says she’s not an immediate danger to DS. Crisis team said can’t be sectioned as no beds but visiting again today and tomorrow.

The social worker dealing with the case said if we’re worried we should just take DS, despite a court order in place. Solicitor has suggested holding fire until after the SS meeting.

We are beside ourselves. Should we just take DS and apply for an emergency hearing or apply for one without him here and see whether it’s granted?

His mother will refuse to hand him over so there will be a scene. Her family will also refuse to hand DS over and don’t want to risk losing custody.

Help.

Anyone?

How on Earth did she manage to get the court to agree to a move 300 miles away?!

But yes, emergency hearing. There will be off duty solicitors at most places, can you use the one who handled the case before?

However I’d also go and get him, there are serious welfare concerns and he should not be left alone with his mother whilst she is waiting for a bed - it could be weeks!

Thanks for your reply. I don’t think they are planning on ‘taking her in’ even if they could, just visiting for three consecutive days. She’s told them she’s fine….

She moved before the hearing took place and got him settled. She was with her family in her home town so the court thought it best.

Can we get an emergency hearing without having physical custody of DSS?

Also, desperate to go and get him but don’t know how. It would be impossible.

As hard as it is I'd hang fire until an emergency hearing.

Be ready to go and get him and make sure SS know you are will to do that quickly if needed.

The problem if you go now is that's she's under no obligation to hand the child over, especially if SS have said no immediate danger.

You don't want to get into a confrontation on the doorstep that could escalate matters further and if the police are called they'll uphold the current court order.

Basically you need a pincer movement with the courts and working with SS so they know that if the situation changes your DSS has a loving, safe home to go to and be collected very quickly.

Also, desperate to go and get him but don’t know how. It would be impossible.

Why?

How does he visit in the holidays?

Op

What exactly did the SW say re taking him
So exaggeration - just what she said truthfully

Yes you can get a hearing without physically having him with you, if granted she will be served a notice to relinquish him. Immediately. So be ready go as that can happen fast.

Having said that, there’s a chance you won’t be granted the order (depending on what’s actually going on and what SS are willing to put down on paper etc)

Can you ring dss and ask what he wants? if he wanted to be picked up I would and then take it to court. At 9 the court should take into account what the child wants

He's lucky to have such a kind, caring step mother. I hope you get him to safety.

Yes, the child's father (assuming hetero) should make his application now for an urgent hearing regardless of whether he has DS in his care by that time or not. Ask the court to invite the social worker to attend.

He should apply in the court closest to where DS currently lives - ie his mother's home town - otherwise you risk the court spending time transferring it over there. If he takes DS, he could apply in your local court, but there might still be a transfer. It can always be transferred to your local court further down the line if the court grants him an interim residence order, and living with you becomes his new normal.

Incidentally, the only person who should apply is the child's parent - not you as step parent.

@GrowThroughWhatYouGoThrough

Can you ring dss and ask what he wants? if he wanted to be picked up I would and then take it to court. At 9 the court should take into account what the child wants

Do NOT do this.

The court will regard it as abduction, it would be a colossal disruption to DS's life, he could be left feeling sad and guilty about what he had 'made' to happen, and you would destroy any possibility of trust between DS's parents forever more.

Thanks all, I really appreciate this.

The social worker said “if you’re that worried you can exercise you parental responsibility and go and get him”

And yes, absolutely don’t want a confrontation. We’re also worried that we’d only get one shot with the emergency hearing application and the judge may say not enough evidence to show DS at immediate risk of harm otherwise SS would have taken him away by now.

We’re just sick with anxiety.

Do we need a solicitor to do this? Not sure how to get hold of ours at the weekend. Thanks by the way 🙏🏻

I can imagine.

A family member had an issue where his ex would severely self harm, send him photos of it and awful, long messages of abuse to him - but she only ever did this when their toddler was in HER care, they had a 50/50 split. Court deemed it not a concern. Despite the fact that she had to visit Minor Injuries on multiple occasions to have it sorted out.

Sigh.

www.qredible.co.uk/b/emergency-residence-order/

This should answer a lot of questions for you OP and no, you don't need a solicitor.

You mention her family - does she get a lot of support from them, does DSS actually spend more time with grandparents/extended family than you with guys because of the distance?

If his mother is seriously unwell obviously he needs to be in a safe situation but how sure are you he’s not being well cared for?

It’s really hard but I don’t know if it would be the right thing to panic and go get him. That might destabilise things further for him.

If you have contact with his aunt - her sister - then try to get good information about what’s in place to support.

If I were your DH I’d go up and book a hotel, to see DSS and see how he is.

@BreadInCaptivity

https://www.qredible.co.uk/b/emergency-residence-order/

This should answer a lot of questions for you OP and no, you don't need a solicitor.

A solicitor isn’t needed, no, but this is a complex case with a history and it’ll be easier if they have a sol.

Don't ever go into a court room without a solicitor! They will be able to assert your concerns with more clarity and will be able to recommend next steps- it's too risky without that absolutely vital support. (This comes from extensive experience of family court)

How do we get a solicitor at the weekend? Argh!

We do have one but he doesn’t work weekends

The company they work for should have a solicitor on duty; ring their number and there’s usually a recording giving you the number to ring.

Thanks, we’re going to contact the duty solicitor tomorrow morning to put n application in. Fingers crossed. I just hope they’ll see sense rather than rely on the fact SS haven’t removed him yet themselves.