livingdownarabbithole
Member
Heeeeeey
work in children’s services…. It’s a tricky one with custody!!! And social care…. Social care can remove children and place them under child protection but threshold is high!!!
we have young people go home where we don’t think fit but police won’t remove kids if deemed safe then have to go back to court especially if parents still have PR and not the local authority.
contact and custody is seen as a civil matter and can be a weird matter overlap with private and public law needing a child arrangement order(private family law no SW needed) in some cases the court will ask for a section 7 report when things are iffy which I imagine would havehappenedin this case which a local authority social worker would have written (cross over into public law) and the CAO sorted, however as Katie will still have PR if she withheld the children advice would be for Kieran to go family court for enforcement order… I would also be advising for a barrister!
so what could have happened sink boy hits Katie children see and child protection plan intitiated. Threshold is met an assessment is done to say children live with Kieran - this reduces risk case closed. Both parent have PR, children not in care as KH seen as safe adult and reducing risk.
Katie takes the children and refuses to give them back, unless children at this time are risk of significant harm (obvious they could be) but need actual proof and risk of harm is death/ injury / emotional harm hard to prove! The social work advice may be that she has parental responsibilities so Kieran would need to go to court to enforce or change the order. We get a lot of referrals for this when people withhold contact and think local authority social worker will just step in and sort it.
obviously children May be open to social care but can only enforce where the child lives if they share PR with parents or have full PR as a local authority. They really are limited and unless the pudding had a brick in it I doubt the children would be removed forever, courts often advice contact with parents who have been abusive all the time against recommendations of social workers - they hold the powers!
I imagine the court may place the children back, it could be taking time for section 7 report to be completed as well as parenting assessments both sides . . . Also you have all seen how she can drag out a court case!
work in children’s services…. It’s a tricky one with custody!!! And social care…. Social care can remove children and place them under child protection but threshold is high!!!
we have young people go home where we don’t think fit but police won’t remove kids if deemed safe then have to go back to court especially if parents still have PR and not the local authority.
contact and custody is seen as a civil matter and can be a weird matter overlap with private and public law needing a child arrangement order(private family law no SW needed) in some cases the court will ask for a section 7 report when things are iffy which I imagine would havehappenedin this case which a local authority social worker would have written (cross over into public law) and the CAO sorted, however as Katie will still have PR if she withheld the children advice would be for Kieran to go family court for enforcement order… I would also be advising for a barrister!
so what could have happened sink boy hits Katie children see and child protection plan intitiated. Threshold is met an assessment is done to say children live with Kieran - this reduces risk case closed. Both parent have PR, children not in care as KH seen as safe adult and reducing risk.
Katie takes the children and refuses to give them back, unless children at this time are risk of significant harm (obvious they could be) but need actual proof and risk of harm is death/ injury / emotional harm hard to prove! The social work advice may be that she has parental responsibilities so Kieran would need to go to court to enforce or change the order. We get a lot of referrals for this when people withhold contact and think local authority social worker will just step in and sort it.
obviously children May be open to social care but can only enforce where the child lives if they share PR with parents or have full PR as a local authority. They really are limited and unless the pudding had a brick in it I doubt the children would be removed forever, courts often advice contact with parents who have been abusive all the time against recommendations of social workers - they hold the powers!
I imagine the court may place the children back, it could be taking time for section 7 report to be completed as well as parenting assessments both sides . . . Also you have all seen how she can drag out a court case!