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Some advice on Family Court and Social Services.

2 replies

StarJ07 · 19/05/2024 17:47

Long story short, my ex partner took me to court for access to our 2 children, DD 5ys with special needs, nonverbal, and my DS 3yrs who was extremely affected by the abuse, he was arrested for abuse on his ex wife and my children, unfortunately the charges got dropped for the kids as there wasn't enough evidence despite me sending in proof and his ex wife detailing every bit of abuse, he is currently on trial for abuse on his ex wife as he did get charged for false imprisonment and controlling behaviour, since this I went to the police about my historic abuse (a lengthy amount of therapy lead me to this) and he's currently under suspicion of rape, sa, and physical assault. We went to court last year and the judge was very against contact and only allowed letterbox contact, she requested a s7 assessment from cafcass, and she completed the assessment saying he was to have no contact, directly or indirectly, the Judge completely went against this and ordered supervised contact, I have since been breaching the order because I am extremely worried about how this could affect my children with the trauma and abuse they've suffered, no one agrees with her decision and because I keep breaching it they are now getting social services involved to see if I am emotionally abusing the children. I am so worried that ss will get involved and agree with the Judge despite cafcass recommendations, something everyone has said is very strange for a judge to do. The judge does not care about ex partners domestic abuse either, so worried about the Section 37 assessment, any advice if anyone has been through this?

Thanks

OP posts:
PineappleTime · 19/05/2024 18:00

My advice is STOP breaching the order. Social services have no more power than cafcass and even if they agree with you, the judge may
make an order that the children go and live with him as a worst case scenario because you've failed to follow the order she made. Breaching an order because you don't agree with it is the worst possible thing to do.

trippingthelightfantastic1 · 28/05/2024 23:16

Do not breach the court order.

The contact ordered is supervised; the judge must have taken a view that sufficiently mitigated any risk to your children.

If you do not agree that the risk is sufficiently mitigated, set out why that is then instruct a good lawyer and get advice as to whether you have grounds to apply to have the present contact order varied. Were you given advice at the time contact was granted about appealing the judge's decision?

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