Ms S has two children, a boy aged 7 and a girl aged 5. The children’s father, Mr X, lived in the same property as Ms S and the children. Mr X became abusive towards Ms S, but she felt she could not separate from him after he told her he would not leave the property and would fight her for custody of their children.
Social services became involved with the family under a Public Law Outline (PLO)* consultation process, due to concerns over the welfare of the children. This was serious – it is the step before an application for an order to remove them. Ms S became fully engaged with the PLO but Mr X did not. Social services were worried about the safety of Ms S and the children because of Mr X’s unwillingness to participate fully in the PLO process, as well as his continuing controlling behaviour and abuse towards Ms S. Ms S says she repeatedly asked Mr P to leave, but he refused.
*The Public Law Outline (PLO) sets out the duties Local Authorities have when thinking about taking a case to court to ask for a Care Order to take a child into care or for a Supervision Order to be made.
Things took a turn for the worse when a serious incident took place. Mr X’s violent behaviour caused Ms S to be hospitalized, and this was witnessed by the children. Social services issued an application for an Interim Care Order** because of concerns for the safety of the children, the continued violence, Mr X’s lack of engagement and the inability of Ms S to separate from him. Ms S was extremely anxious about the court proceedings and it was clear she would do whatever was necessary for her children to remain in her care.
**At the start of care proceedings, the council asks the family court to make a temporary court order, called an ‘interim care order’. If the court agrees, the council can take the child into care on a temporary basis.
Bretherton Law issued an application for a ***Non-Molestation Order to be heard by the judge at the same time as the Interim Care Order. Ms S requested that Mr X should leave the house, and be stopped from coming to her home or contacting her. The Local Authority and the judge both considered that because Ms S had been proactive in trying to protect herself and her family, the children should remain in her care under an Interim Supervision Order. A Non-Molestation Order was also made, excluding Mr X from coming to her property and contacting her. This protection allowed Ms S to focus on her children and herself.
***A non-molestation order is aimed at preventing a partner or ex-partner from using or threatening violence against you or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of yourself and your children.
During the six month court proceedings the children were able to remain with Ms S. She gained in confidence; she was able to show all professionals involved that her children were her priority, that she had separated from Mr X, and that their relationship was over. Ms S underwent a parenting assessment, which demonstrated that without the distraction of an abusive relationship, she provided good, nurturing care for the children. She could concentrate on what they needed. She worked with a number of support organisations which helped her see the nature of the abuse she had endured from Mr X, demonstrating how he controlled and manipulated her to the point that she nearly lost her children.
Court proceedings have now finished. Ms S and the children are living together happily as a family, with the children doing very well at school. Mr X is having contact with his children under the supervision of the paternal grandparents, so this maintains the children’s links with him in a safe way.
The Children Law department at Bretherton Law have been helping families in Hertfordshire for over 50 years, offering professional, experienced and sympathetic advice to those in need. We are proud to be accredited by the Law Society in Family and Children Law, and are members of Resolution, the organisation representing family lawyers and other professionals in the field.
Contact us on 01727 869293 or via the web contact form.
