Another Section 7

[HAPPYDAD2]

Hi everyone. I was looking for advice back in April 2022. July 2022 happened another case management hearing in front of a circuit Judge. All of my exes allegations of child cruelty/ neglect were ignored. Photographs submitted in my statement showed a toddler with food, a drink, looking happy and copying dad.
The Judge declared your child has a right to ' dad days' Both parties need to work together that this happens. Dad days are on a weekend and you both will buy a calendar and count down and explain to your son when this will happen.
The mother wanted 4 witnesses ( this was denied- The final hearing October 2022, will be both parties and the section 7 sw)
August 2022. Social services will be visiting my property to inspect for my son to visit/ stop overnight. Currently I am not allowed unsupervised time with him. Crazy I know. The Judge agreed with the mother 11 months ago.
My question- Why does the judge not want the sw to see me and my son on our own? Surely this would be a better representation of our relationship. I think it is a tick box exercise.

 

[Ash]

It's a bit late so I'll reply later in the week-end . Because you're having supervised, the social worker can't see you with your child in your home. You could ask them to see you with your child in the contact centre.

 

[HAPPYDAD2]

I also saw my son in the community every other Tuesday, supervised with a family friend. That has now stopped from July 2022. The hours lost will be made up on the community Saturday. Saturday before JuIy was 11-3pm. Now it is 10-5pm. I suggested that my barrister ask the court. That the sw meet me and my son at my home. The judges response. Saturday/ weekend will be 'dads day' and not in the week. Long term the child will be at school. Social workers don't work weekends. Therefore the sw will visit the father and complete a s7 for the suitability of him having unsupervised/ stays. The sw will be at the final hearing in October 2022 and then the facts considered on this issue. Is this a positive ? or not. Any ideas?

 

[Ash]

Well one argument against an unfavourable social worker report is if they didn't see the kids with you to see how you interact.

What did you ask for in your initial application? ie how much time and what kind of schedule? Do you live a distance from your ex? I'm just wondering why the Judge only mentioned week-ends with you.

 

[HAPPYDAD2]

My last final hearing was in May 2021 ( with magistrates ) and all went in my favour. The mother made an appeal in June 2021 that my son was not safe with me. This was honoured by the new circuit Judge in September 2021. She wanted more facts about the mother's allegations against me. I was initially seeing my son for overnight/ unsupervised June- November 2019 until she made allegations of DV against her and our child. Covid happened and I did not see him for 15 months. Since last June I have been seeing him in the community with a family member two Tuesdays and a Saturday and twice a month in a contact centre every other Saturday. The Judge stated he will be at school long term and Saturday's or Sunday's will be dad days. I agree with you. I don't really understand why she ruled the way she did!!!

 

[Ash]

So what was the schedule after your final hearing in May 2021? It sounds like the allegations have now been dismissed. As you've not made a new application and the current proceedings are as part of an appeal, it can get lost in the ether what the situation was before so I think, in a position statement (or your final statement) you need to be setting out, to the letter, exactly what you would like in an order. a) to reinstate the time as before and b) plus some additional time and the order to be "lives with both parents" so the Mother is made aware that both parents are equally important.

I would also suggest asking the court that the case be reserved to the Judge who presided over the final hearing in May 2021 and the bundle from that hearing be made available to the Judge. It's worth a try. Apparently if you ask for a specific Judge it's a) up to that Judge whether they want the case and b) up to the current Judge whether they want to keep it reserved to them. But the current Judge sounds a bit lightweight if she is suggesting you agree arrangements between you when your ex is clearly resistant to you being involved at all.

The reason for asking for that is the Judge from the last final hearing may well remember (and not like their orders being ignored or appealed), and can be reminded by looking through the bundle from that hearing, what the issues were. You would need to be arguing at this final hearing, that the Mother is just causing delays by making these further, unfounded allegations when a final order had already been made, and is not supportive of the child's relationship with you. And for that reason you ask the court to make a "lives with both parents" order so it is made clear that both parents are equally important.

That last bit depends on if you live close enough to have midweek overnights.