Family law advice, can anyone help? **update**

RAS

Once your brother has PR, he can collect the other children and bring them back. Then it is for your SIl to go to court to claim access. That is when the whole issue of violence can come out.

Unfortunately the number of cases being referred to SS is so high these days that the bar for SS action is very high. The judge may direct them to speak to the children in which case you might get somewhere.

Explain to the girl that if she repeats the truth to the judge and tells him she want to remain with dad, it will be OK.

I know of one child who moved back with dad (slightly younger) as a result of even less problems.

teabag29

How long is an emergency directions hearing likely to take and what will happen at that first hearing? my niece wont be going as she has point blank refused to go back over there shes too scared so I assume a cafcass officer will be directed to do a report and come out and speak to her. Still not sure how hes going to get there (ex refuses to part with any of the tax credits/child benefit even tghough daughter has been living over here for 3 weeks now) but we'll cross that bridge when we come to it

RAS

teabag29 wrote: »

How long is an emergency directions hearing likely to take and what will happen at that first hearing? my niece wont be going as she has point blank refused to go back over there shes too scared so I assume a cafcass officer will be directed to do a report and come out and speak to her. Still not sure how hes going to get there (ex refuses to part with any of the tax credits/child benefit even tghough daughter has been living over here for 3 weeks now) but we'll cross that bridge when we come to it

As soon as he gets the PR he needs to claim child benefit for the daughter. He does not need her consent to do this although it will be tough. pm Sunshine butterfly as she has been on both ends of this situation albeit her kids are much younger.

Then claim HB etc

teabag29

So the ex got the papers today.... to say she wasnt happy is an understatement, screaming and swearing at both my brother and my niece down the phone.
This afternoon he got a visit from the police saying they'd had a call from police in ex's area asking to do a visit to check my niece was ok. My brother invited them in but they said no its fine and my niece came to the door and said she was fine and happy why wouldnt she be, police apologised and said they had to check due to a call they recieved and they were happy with everything. Obviously ex has rang and said something but in my opinion this will make her look petty in court, if shes worried about my nieces safety why wasnt she worried for the past 3 weeks, why only now she has the court papers has she begun to question her safety..... a silly tactic if you ask me.
Anyway niece has tried to speak to her and her siblings to say hello etc and has been hung up on 4 times in the past 24 hrs, her younger brother is calling her nasty names with the mother not only letting him but encouraging him (although he is very easily lead and alot of the things he is saying i think is coming from listening to the mother as its not really child talk, sounds more like things he's over heard) then she will come on the phone and use a nasty tone then hang up on her. She is still adament he hasnt a hope in hell of getting full residency and after the shock of getting the papers she didnt seem that bothered, infact shes currently at a party and the last words her daughter heard over the phone was her shouting 'put more vodka in mine' before hanging up. My niece has now decided to only speak to her when she rings and only if she is going to be pleasant to her.
I pray to god the courts see sense and dont make my niece go back there, she has said if they make her she will run away because she will never go back