Applying for a residency order

[Dadcase]

Hoping someone can help me with how this all works and what i can expect.

Basically my now ex partner sent me some very troubling messages about harming my 11 month old son in January. I contacted social services and my son got placed into my care. I’m currently living back at home with parents.

Now he is on the child protection register. And we are both working with social services for the benefit of our son.
My ex has very bad mental health problems, but has been cleared by the mental health team as being stable. My ex said she sent these messages for attention of me which is troubling which has Socuak services concerned. SS are also concerned about my exs family as a lot of them pose a risk to my son.

I’ve just got my first court hearing date for requesting residency. Has anyone ever been in a similar situation ?? The social worker sent my solicitor a letter saying she’s backing me up.

Have I a good chance here of winning ?

Cheers in advance

 

[Resolute]

If the child is habitually living with you, Social Services are of the opinion that this should continue, and there is an ongoing Child Protection Plan. You should be in a good position.

The risk I see is if SS take the child off a plan and close the case before reports to the court are ordered and completed. This would mean you get a Cafcass worker who will form their own opinion. Cafcass cannot always be trusted to pick up on the situation. Some might say they are biased in favour of mothers. Especially with younger children.

You also need to take into account that your history and abilities as a parent will be under the magnifying glass. Any skeletons in your closet could cause issues. Your ex might be tempted to make allegations against you as well.

Finally, the court should be doing what it can to make sure children get regular and significant time with both parents. This aim should only be limited by real risk to the child's safety. You might find that there is a tendency to put the past behind us and try to make things work for your ex's involvement.

A good barrister will be very valuable if you can afford it.

 

[Dadcase]

Thanks for your reply

Yes there is a care plan in place. And his mother is seeing him regularly through a contact centre. I’ve already spoke to SS about how he needs his mother in his life and she could have every weekend. And if she decides to stay up where I live there’s no reason why she can’t help out with after school runs if SS deems her safe. I have no intentions of keeping his mother away from him and I will tell the court this also.

I have been there from the start of pregnancy and have practically been looking after him when she couldn’t cope the first year of his life.
The only thing I have against me is it took me from the Saturday night to Monday morning when I went to social services to report her. And they questioned my protectiveness over my son for not ringing the police soon as I got the messages. I was trying to defuse the situation and she was up visiting her family when this happened. I’ll regret not ringing right away for the rest of my life. I know he’ll have a better life and education living with me and my support network up here is great.

Just on edge not knowing what’s to come.