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HELP - SOMEONE...ANYONE

207 replies

joash · 10/04/2005 15:24

SORRY THIS IS A LONG ONE _ BUT I REALLY NEED HELP.

My grandsons father has applied for parental responsibility and a residency order in his favour. How likely is it that he'll get these?

For those of you that don't already know, on July 1st last year, a residency order was made in our favour for our grandson. He was placed in our care, for his own safety, by social services when he was 5 months old, we were told that he would be living with us until he's 18. GS's dad is a complete D*head. He put the baby in hospital at 5 months old - his face was covered in bruises and with a suspected chest fracture. I say 'suspected' because, as GS was very tiny (at five months old he was still in new born clothes - it turned out that his dad wouldn't allow him to be fed in the night - he believed that he was too old and should be sleeping through, so GS wasn't growing), there was some sort of anomaly on his x-rays, but he was too small to be sure what it was, the paediatrician says it was most likely a chest fracture. Anyway, I did think that it was all in the past now. At 2 years old (and four months) GS is extremely well and just about caught up on his height, etc. He's so amusing and such a pleasant child. Yet when his parents are here - he's miserable.

The residency order was made on 1st July 2004. The assessments of GS's parents parenting skills and abilities were conducted over a 14-month period, during which they were obstructive, aggressive, and demonstrated no commitment to GS?s needs and well being. All parties concerned with GS?s welfare (CAFCASS officer, a number of social workers involved in the case and information reached this conclusion from the NSPCC). The actual order clearly states that RMBC Social Services have no current plans to rehabilitate GS with his parents now or in the future. And a recent conversation with the supporting Social Worker showed that the Social Services are still taking this stance.

There has been no change in any of the circumstances that brought about the application for the residency order. Indeed GS?s parents circumstances have degenerated even further. To this day - his father remains aggressive when dealing with social workers, at least once to the point of the social worker requiring their security officers on ?standby? when he had gone into their offices.
We are still very concerned for our daughter. Physically, she often arrives at our house dirty and sometimes smells ? to the point of having to change into her fathers clothes, or spraying herself with fabric freshener whilst she is here. They cannot afford to feed themselves adequately and she often eats with us or leaves our house with parcels of food. She remains is often quiet and subdued, particularly when he is around. When she comes to see GS alone ? his dad constantly telephones her until she leaves. This is not the strong-willed, fun loving, lively young woman that we knew prior to her beginning her relationship with him.

DD claims that this application has been made without their knowledge, and that dickheads solicitor has gone ahead with the application without consulting either of them. However, we believe that this application is a deliberate ploy to try and prevent us from moving on with our lives. We have never made any secret of the fact that we are moving to Cornwall. In fact, before GS was born, his parents were included in that plan. Dickhead knows that our house has now been placed on the market and that my DH has received confirmation that his job will finish in July this year. I have also been accepted onto Social Work training, in Cornwall, to start at the beginning of September. We plan on moving as soon as possible, in order to settle GS and DS with regards to schools, nursery, and a new home, etc. DD has informed me that dickhead has been told that if they can get the supervision order extended, the social services will pay for them to get to Cornwall, under their pretext of visiting GS. Dickhead repeatedly complains to the social worker and, his behaviour and attitude towards them remains aggressive.

As for the contacts - dickhead has turned up for 24 contacts out of a potential 51, with many of those having to be chased up by us, and has arrived at the agreed time only 12 occasions. He is supposed to spend at least 6 hours with GS on each contact (arriving by 11 and staying with GS until teatime ? a potential total of 300 hours). In reality, he has spent a grand total of 31 hours 25 minutes with him.

We are in court this Tuesday morning and I really need to know - What are the chances of the judge
throwing this out?

Are we going to have to start everything all over again?

OP posts:
joash · 29/04/2005 09:12

that should be whinge BTW

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RTKangaMummy · 29/04/2005 09:28

Missed this first time round

Hope it goes well today

sending positive vibes +++++++++++++++++++++++++++

joash · 29/04/2005 16:48

What abloddy ridiculous performance - sat around for absolutely hours and didn't even get into court. Dickhead still has no solicitor and veers between acting for himself and saying he's trying to find a solicitor. He refuses to go for counselling and anger management (stating at the top of his voice - "I DON'T FCKING NEED FCKING ANGER MANAGEMENT!!!!"
Claims he doesn't want residency - only more contact...?????
The order his ex-solicitor submitted states that he's applying for Parental Responsibility and residency - he says "I dunno what she applied for"

DH lost £150 in wages for taking the day off today, our other DD and her partner both took the day off work to have GS, I should have been on a disciplinary panel in my voluntary role and to top it all, when we got back (after sitting for hours doing sweet FA) we have a bill from the solicitors for £4000 (£548 to be paid now and at least £200 per month whilst the case is on). He gets bloody legal aid, his travel expenses paid and god knows what else...must be cheaper to have him took out .

OP posts:
joash · 29/04/2005 17:05

and I forgot to say that they lost the court appointed guardian - she was in the building, but couldn't be found!!!!

And - the bloody social worker didn't turn up!!!!!

OP posts:
cod · 29/04/2005 17:08

Message withdrawn

SaintGeorge · 29/04/2005 17:09

Don't know what to say joash . The system is sooooo wrong when it comes to legal aid.

And at the bloody social worker too. You have enough crap from Dickhead without the lack of useful support from the Social Services.

oops · 29/04/2005 17:10

Message withdrawn

joash · 30/04/2005 08:56

I'm totally stressed. On the one hand, I don't think he's got a chance in hell, but on the other hand...
apparently, there's nothing to stop the CAFCASS guardian deciding that GS goes back to his parents, even though that would be against the social services advice - they'd just send him back and put him on the Child Protection Register.
They're already talking about extending the supervision order which means that they'd pay dickheads travel expenses and hotel fees for them to visit GS when we move. He's admitted to SS that he's looking forward to the freebie holidays...HOW THE HELL CAN THEY GET AWAY WITH THIS??????????

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Freckle · 30/04/2005 11:14

I have to say that, given there have been no changes in circumstances, I'm surprised the legal services commission actually agreed to provide legal aid in this case. To my mind, making this application is an abuse of the court process and public funds should not be used for this purpose. I can't remember off the top of my head if there is a mechanism for complaining about inappropriate provision of funding but it might be worth asking your solicitor to look into this. After all, once this application is done and dusted, there's nothing to stop him submitting another and another, etc.

marthamoo · 30/04/2005 11:21

Joash, I missed all this but I am seething on your behalf. It is so wrong Your GS is so, so lucky to have you to love him and fight his corner. I hope the move to Cornwall (lucky you!) is a new start and that "dickhead" drops off the face of the Earth (we can hope...)

joash · 30/04/2005 12:13

Thanks marthamoo and freckle.

We've literally just reeived another copy of the order made on 12th April - which has been amended by the judge. I assume that it has come dorectly from the court as it has no other information with it. Underlined in red is the phrase "There be public Funding Assessment for the relevant parties costs" ... but what does that mean? Are they going to look at dickheads waste of public funds or will we not have to pay anything. It's not the money thats the issues here - I'd use every penny that I could lay my hands on to keep GS safe. What I'm angry at is how he can waste the courts time and money from public funding when he has made no effort to change his lifestyle or do anything that might demonstrate his committment to GS. How the hell can he get away with this?????

OP posts:
Freckle · 30/04/2005 13:50

Check with your solicitor. Public funding refers to legal aid and all legal aid bills are assessed before the money is paid over to the lawyers. However, there are two types of assessment. One is to ensure that the lawyer is justified in asking for payment in respect of work done and the other will deal with whether public money should be spent on a particular case. You need to ascertain which one it is.

BadgerBadger · 30/04/2005 23:51

Hi Joash, I tried to post a message here last night. I'm so sorry, but I just couldn't think what to say! Well and truly gobsmacked. I read what you had written and was furious and bemused yet again by the whole shoddy system .

It seems that Freckle has mentioned a possible glimmer of hope? Would dickhead be able to sustain relentless applications if he had no legal funding?

Thinking of you and your GS amidst all of this ridiculous nonsense. Wish I could say something of use!

xx

BadgerBadger · 30/04/2005 23:53

....just remembered this site I came across while researching on behalf of my sister and niece, have you tried it? It's specifically for grandparent carers, they may be able to offer more advice?

joash · 01/05/2005 17:47

Thanks everyone - I did a little research last night once I'd calmed down. Apparently I can complain to the Legal Services Commission (LSC) and make what's called a 'Representation' this means that I can make certain things known to the LSC and ask why he is being funded when nothing has changed - they might (and it is only 'might' pull his funding.
They are particularly interested in representations about such things as;

the merits of the case itself, i.e. suggesting that the case should not be pirsued with the benefit of public money.

Might just be me - but I certainly think that this case fits that criteria. It's got to be worth a try. I'm going to draft a letter to them and see where we go from there.

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Freckle · 01/05/2005 20:09

Joash, when he got legal funding, he should have filed with the court a document indicating this and stating for what purpose his certificate had been issued - or at least this always used to be the case. It could be worth checking with your solicitor (who will have been sent a copy of the certificate) what the funding has been provided for. The original might have covered the original application, plus have an extension to cover additional applications. However, if nothing has changed since the first application, it is, to my mind, an abuse of the court process to file another application so soon and an abuse of public funding.

As you say, you can make a representation. However, your solicitor might be able to advise the legal services commission that his original certificate is being extended to cover something it wasn't originally intended to cover - I'm assuming that he hasn't had to apply for funding for this specific application as they would look at the merits and I would doubt they'd agree to provide funding when the basics of the case have not changed.

bubbly1973 · 02/05/2005 20:01

joash, thought about you last week, remembered that you were going to court on 29th...then completly forgot over the weekend,

im so blinkin angry on your behalf, i cant believe the bill you have from your solicitors...i bet he wouldnt be putting you all through this if he had a hefty bill like that! not to mention the time you have wasted...im so sorry your going through this

joash · 02/05/2005 20:21

Hi freckle & Bubbly - thanks for the support.

Thinking about it - he has definatelt applied for further funding. We received a copy of his certificate with the original notice to go to court - so what the hell are the LSC playing at?

I've written a letter to make the representation, but I want to speak to our solicitor first.

OP posts:
joash · 08/05/2005 00:21

I'm totally stressed - called the solicitor 4 times over this week and she (nor enyone from her office) hasn't had the bloody decency to phone me back. I'm so annoyed. On the one hand, I think that she's great and I do apprciate that she is a very busy women - but I need some sort of reassurance, she sems to be very complacent lately. Even after the judge has already said he won't be making a prohibited steps order against us moving - she's now saying that she's going to give them a deadline to make any such orders by - why is she mentioning it, will this jog their memories or what. I am concerned that they are going to hand GS back to dickhead - otherwise why would we be having to go through this process again. TO put it very bluntly I am totally stressed to f*ck!!!!!

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Mummyloves · 08/05/2005 01:04

Joash,
I know what you're going through. I've had CAFCASS officers and now look forward to child psychiatrists galore. He's legally aided and is swinging it, I pay my owqn way and am nearly £20,000 out of pocket. It's all wrong. I'm with you darling.

joash · 08/05/2005 01:25

Thanks Mummyloves - gotta be cheaper to hire a hitman .... not even sure that I'm joking on that one. Trouble is I'd be first on the suspect list

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joash · 08/05/2005 01:33

aaaaaaaaaaaaaaaaaarrrrrrrrrrrrrrrrrrrrggggggggggggggggggggggggghhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!!!!!!!!!!!!!!!!!!!!!!!!!!

Thought screaming was supposed to make me feel better.

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joash · 08/05/2005 10:17

aaaaaaaaaaaaaaaaaarrrrrrrrrrrrrrrrrrrrggggggggggggggggggggggggghhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!!!!!!!!!!!!!!!!!!!!!!!!!!

Still screaming - dickhead is here now for contact - I WILL NOT KILL!!!! I WILL NOT KILL!!!!! (grinning and bearing it)

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joash · 08/05/2005 13:02

He did really well today - arrived only 20 minutes late, stayed 1 hour and 10 minutes, sat on the settee for the first hour complaining of having a headache and then actually talked to GS for the last 10 minutes - telling him that he was going in a minute because he needed to go into town, (He's supposed to be here by 10am, stay until 5pm)!!!

Believe it or not - I am not being sarcastic - today was a good effort.

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Surfermum · 08/05/2005 20:47

You are just a total star Joash. Having to tolerate that man in your house must be so emotionally exhausting for you.

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