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my children have been taken from me

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  • Broomstick
    Broomstick Posts: 1,648 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I'm praying that your son will be able to carry on healing himself in the way he's started and that you and all your children will ride this storm. Wherever they are and whoever they are with, nobody will be able to take away your love for them which will be part of every cell in their bodies.

    Good wishes and much strength,

    B x
  • I'm afraid that I have no constructive advice to offer but just wanted to show some moral support. Thinking of you at this awful, awful time.
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  • My son is still in hosptial
    my 12 yr old was staying with her dad while I cared for my son in hosptial

    The solicitor originally said it is a no brainer, the children should be with you and return to Wales. That was the cafcass officers first recommendation too. After the judge gave his opinion that the children should return to Essex they all changed their minds and said that i shouldn't contest it and just agree with the judge ~ I contested it because my son wants to return to Wales and his family and friends and i know as a mother that is the best place for him to be. My daughter wants to be with me as well.

    the judge recommended that he should be close to his siblings ~ although he never lived with the older ones and the only one he was close to wanted to live with me anyway.
    The reasons given were that i was too emotional around the bedside of my son and my ex already had a house ~ My solicitor did not represent my case properly after he had heard the judges decision ~ i wrote my second statement solely by myself with no support from him and the barrister had very little contact for preperation and was changed for the last court case ~ and i only met them an hour before the court case was meant to start
  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    Mummy?

    Firstly let me say my heart goes out to you - having one child in hospital whilst trying to fight a custody case seems at best inhumane.

    Can I suggest that firstly you find a different solicitor? You can find out if you are eligible for legal aid here: http://www.communitylegaladvice.org.uk/en/legalaid/ then find if you can appeal the decision made by the judge. From what you have said, being too emotional is not a point of law and so leaves the decision open to appeal.

    Was it a full report by CAFCASS or a short one? Its important because a full report takes several months and visits you at home as well as the father and takes into account the opinions of all of the children. Many CAFCASS officers are just carrying out short ones because of the pressure on the service at the moment, but you are within your rights to ask for a full report.

    Even if you cant get legal aid then it is possible to aske for legal aid for your children, the eldest is certainly within their rights to have their own voice and when the 12 year old hits 13 they too can apply for legal help in their own right.

    I cant offer much more help at the moment I am afraid other than to offer moral support at this horrendous time, but stay strong they will need you in the future.

    Will do some research and pm you
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  • ampersand
    ampersand Posts: 9,694 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 30 June 2011 at 9:28AM
    I am just in and thanks those from the 5 OS Pleasures In Your Day Thread who have come to read and write here.

    Bless you for this.

    For the avoidance of doubt, let me make it blazingly clear that this sort of despicably warped decision is all too common.

    It is as crude as 'might is right', or 'He who pays the piper calls the tune.'

    I chose the descriptors accurately: too many decisions are made on the grounds of the contesting parent's[usually father's] superior goods and chattels, earnings and wherewithal. The fact that this may be because he is defaulting on Court-ordered support to the caring parent is often disregarded. That this same default is the very means of easing access to costlier levels of jurisprudence is not seen as wayward. Where the Mother does the same to defend her cause, she is seen as openly obstructive, not wishing for her children's best interests being served where the greater financial clout lies.

    It is essential that mummy? finds a legal rottweiler to appeal this travesty in a Court in her own, home area.

    I am concerned in that I am about to be away for a month, but I pray
    that the support and input for mummy? will continue here.

    Tomorrow will be very hard for her and for Lilibet - thankyou for your great courage in posting. You both are knowing devastation of such a cruel and unreal kind.

    May you both find courage in knowing you are not alone.
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