Can CPS make you divorce your husband or wife? The court cannot dispense with the consent of any parent or guardian of a child to the child being placed for adoption or to the making of an adoption order in respect of the child unless the court is satisfied that—, The second condition is now the major ground for dispensing with parental consent. One of three conditions under section 47 of the Adoption and Children Act 2002 must be satisfied before the court may make an adoption order. … re: National Slavery and Human Trafficking Prevention Month, 2021, about Fight CPS Legal Document & Information Library. Not all of them are corrupt, but some are. Weller v. Dept. They were fortunate to find lawyers prepared to act for nothing. Has your name been added to a child abuse list? Section 11 of the Children and Families Act 2014 provides a presumption that the involvement of a parent in a child’s life will further the child’s welfare, unless the contrary is shown. Adoption thus terminates existing parental responsibility and transfers it to the adoptive parents; it also terminates the very legal relationship of parent and child. [Booker, Christopher. Parents fight British social services ‘gag’ to petition European Parliament. Stolen by the state: A story of love and loss that’ll make you seethe – a mother falsely accused of abuse reveals her relentless hunt for her three babies. 1990) State employee who withholds a child from her family may infringe on the family’s liberty of familial association. “A social worker will tend to get straight on the phone to their [council] lawyer saying a parent wants to [record], or a parent has done it, and I don’t want it.” (ii) The child was placed for adoption under a placement order, and Oxford: Oxford University Press, 2011. The first is to establish the necessary change of circumstances. Our Cases. (There are reasons, however, why you should cooperate—there’s a section about this below). Why does the test to over rule a parents’ rights differ according to who or what wants to prevail? Hertfordshire County Council v F & Others [2014] EWHC 2159 (Fam) (23 May 2014 Why are children being demonised by those who raised them? It is not enough to discount the interests of a parent in a moral theory of parenthood. That’s called duress. It has been more than … [Read more...] about The Isaac Lethbridge Story: A Two-Year-Old Killed in a Michigan Foster Home in 2006, April 4, 2017 - By Linda Martin - 53 Comments, Hi there! rights to due process of examining the doctor's evidence against him -- and to start "cooperating" with DSS.. There are some who are critical of this approach and worry that the pendulum may have swung too far away from considering ‘parents rights’ or the rights of the family as a whole. “When she knocks on our door, we will be here with all the love and the kisses and the memories and hugs that we have all missed. (ii) He does not remain in the place in which he is then being accommodated; (b) (In the case of an application made by a local authority—, (i) Enquiries are being made with respect to the child under section 47(1) (b); and, (ii) Those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and that the applicant has reasonable cause to believe that access to the child is required as a matter of urgency. The current state of the law is probably best summed up by Re B (A child) [2009] UKSC . The third and final stage would of course be to persuade the court at the opposed hearing to refuse the adoption order and to reverse the direction in which the child’s life has travelled since the inception of the original public law care proceedings. Now everyone has a mobile phone, the technology to covertly record is far more readily available and social media means the ability to publish or share it has increased exponentially. For the most part, the law allows parents to bring up their children according to their own values and beliefs. /The Times. An Initial Assessment is completed and there are three options: 1. We are grateful for this guest post by contributor and parent Maya Birdwood-Hedger. Where the state wishes to intervene in the sanctity of family life, it has to satisfy the test under section 31 of the Children Act 1989 and show the child is suffering or at risk of suffering significant harm. For example, in November 2014 the EU parliament’s Petitions Committee condemned “unacceptable” moves to pressure people from giving evidence to MEPs at a time when most complaints about forced adoption or the unjust loss of children to social services are coming from Britain. In the Mail on Sunday, 06.06.15]. Parental rights activists state that employees of the Massachusetts Department of Social Services (DSS) take children away from their parents without cause. Family Justice Board statement: Priorities for the family Justice System. Herring, Jonathan (2012.) There has been an enormous wealth of comment, blogs and articles which demonstrates the strong emotional reactions of many to these proceedings; a stark illustration of the tensions around balancing completing ‘rights’ and interests of parent and child – particularly when the child is an unconscious baby. In Webster v Norfolk County Council and the Children/ by Their Children’s Guardian [Webster v Norfolk County Council and the Children/ by Their Children’s Guardian [2009] EWCA Civ 59] three children were adopted without parental consent because of what was thought to be non-accidental injury to one of the children who had suffered fractures. This is what has led to many court cases which have challenged such authority and actions. It is morally right that the state, and all who act on its behalf in a broad functional sense, should respect the fundamental rights of individuals. Under this order the court may remove a child from the household if there is reasonable cause to believe that the child is likely to suffer significant harm if—, (a) (i) He is not removed to accommodation provided by or on behalf of the applicant; or. Re B-S (Children) [2013] EWCA Civ 1146 In common with all other factors bearing on what is in the best interests of the child, it must be examined for its potential to fulfil that aim. (c) That the parent’s or guardian’s consent should be dispensed with. The emotion and interest in the ‘rights’ of parents in the aftermath of proceedings around Charlie Gard demonstrate a clear need for further discussion and exploration of the nature and extent of parents rights. [Hayes, Derren. Hendrick, Judith (2005.) Law for social workers/ 10th edition/ Oxford: Oxford University Press, 2008, 75] July 5, 2011, Waterfield, Bruno (2014.) people who can have their say against social services The President of the Family Division agreed that the case raised “important questions about the extent to which the public should be able to read and see what disgruntled parents say when they speak out about what they see as deficiencies in the family justice system”. Children’s Representation by Their Parents/ in Responsible Parents and Parental Responsibility. I just wish I could share more but that practice of law without a license is a real thing. The Children Act 1989 If so, should the law recognise and accommodate these? EDIT And have continued around the case of Alfie Evans. Very little has changed since then over 30 years ago. And why should those who may wish to hear his views not be permitted to approach him? Sawyer, Caroline (2009.) In Re J  [Re J (A Child) [2013] EWHC 2694 (Fam)] the father of four children, all of whom had been the subject of care proceedings, posted a film of the execution of the emergency protection order in respect of his youngest child. A system that appears to horrify a large proportion of the population subject to it, has either not been well explained or should not be defended. Modifying maintenance is only acceptable if the parent with care has an increase in income whilst the non resident parent’s income has decreased, or a parent’s expenses have increased considerably through illness etc. [Craig, Olga. … re: National Slavery and Human Trafficking Prevention Month, 2021, Fight CPS Legal Document & Information Library. ‘Something is very wrong with a social worker who assumes she’s got the authority to carry out one of the most serious civil rulings in the country,’ continued Wright. The family then had another baby who was taken into care on the interim care order shortly after birth. whether Charlie Gard would suffer ‘significant harm’ if further treatment was carried out. If social workers decide that a child should be removed from his or her parents’ care, they have to bring this to a court and satisfy the test under section 31 of the Children Act 1989. All that has … The Social Worker tells me my child has been hurt? Charlie Gard’s parents did not have legal aid and could not afford to pay for a lawyer. In cases where parents make allegations against each other of sexual or violent abuse, it is my view that waters have been seriously and dangerously muddied by the requirement that police forces were to commence investigations into sexual assaults on the basis that they ‘believe’ the complainant (who is usually described as the ‘victim’ ).To have as a ‘starting point’ a belief that one person is telling the truth fundamentally poisons the integrity of any investigative process. See the judgment of  Lord Kerr at para 37 : … All consideration of the importance of parenthood in private law disputes about residence must be firmly rooted in an examination of what is in the child’s best interests. If a CPS worker wants to interview your child at your home, they must ask your permission. [EDIT – It has: see this article by Claire Fenton Glynn] They reiterate that adult rights to respect for private and family life must be respected and must not be interfered with unless the specific justifications envisaged by Article 8(2) exist and only when they are necessary and proportionate to a legitimate aim. Lord Steyn, writing extra-judicially, said: “A constitutional democracy must protect fundamental rights. (a) any child as being involved in any proceedings before [F4the High Court, a county court or] a magistrates’ court in which any power under this Act [F2or the Adoption and Children Act 2002] may be exercised by the court with respect to that or any other child; or Nothing less will justify state intervention and this high threshold will mean that some children grow up in less than ideal situations. Law and Ethics in Nursing and Health Care/ New York: Nelson Thornes Ltd. For legal reasons, please don't post news-related topics classed as sub-judice and, when posting, bear in mind this area is not private and is publicly visible. Following that case, section 64 of the Children Act 1975 provided that children in care would be represented by professional Guardians ad Litem – trained social workers. Legal defense strategies. The main reason for the reform was the view that delays in care and supervision proceedings were harmful to children. Law for social workers/ 10th edition/ Oxford: Oxford University Press, 2008, 75] Bainham and Gilmore ask two separate (albeit connected) qu… PASS "parents against social services". Oxford: Hart Publishing, 215-235. What are the nature of and limits to parents’ rights? A stark example is found in the case of Gibbs v Gibbs in 2017 where the mother was eventually sent to prison for refusing to end her campaign to publicise the father as abusive towards their children. The Social Worker tells me my child needs medical treatment ? The adoptive parents argued that overturning the adoptions would “cause enormous stress, anxiety, disruption and emotional / psychological harm, particularly to the children” (para 92). [X Council v B (Emergency Protection Orders) [2004] EWHC 2015 (Fam), [2005] 1 FLR 342]. … [Read more...] about Fight CPS Legal Document & Information Library, May 15, 2020 - By Linda Martin - 121 Comments, We live in a society that discounts the importance of natural parents and thinks they're replaceable, especially if they're poor. Ask for our help with contacting Legal Aid Alberta if you’re not sure how 5. go to any court heari… The parents were anxious to have their child named according to Hindu tradition, which involves a temple ceremony, Namakarana, which only the parents, close family and friends can attend. Wilson LJ concluded that it was too late to set aside the adoption orders, considering the interests of the children: “almost four years ago they moved into alternative homes which they were told would be permanent and of which they would be full, legal members; and at that time they ceased even to see the applicants.” (para 204). Lord Steyn, writing extra-judicially, said: “A constitutional democracy must protect fundamental rights. Gilbert, Neil; Parton, Nigel and Skivens, Marit/ Child Protection Systems: International Trades and Orientations. I pray for that every night”, the mother said in a recent newspaper interview. After the placement order is made, the Local Authority will implement a gradual reduction in contact between the parents and the child. A thoughtful article in the Independent summarised the key issues well – decisions over Charlie Gard’s future encapsulated a clash between medical opinion and parental instinct. But the local authority has statutory duties in respect of all children in need and particularly children who are the subject of proceedings. In paragraph 24 of the judgement quoted above the judge recognised that the parents had demonstrated “a commitment to the child which entitles them to have their wishes and feelings considered” yet was concerned whether the child in question would “survive the process of rehabilitation” to her parents’ care. The real story of the ‘baby with no name’/ In the Telegraph, 31.05.14, Craig, Olga. But the state and its officers have to tread carefully around the ‘family’ and how they chose to intervene in its structures. I'm here to help you learn to fight CPS false accusations in court. Once a placement has been identified, the birth parents will usually be offered a final contact with the child, sometimes euphemistically described as a “wishing you well” contact and sometimes more accurately described as a “goodbye” contact. Fathers’ rights organisations have been campaigning against the “social catastrophe” of fathers not being allowed access to their children. Below we will consider some situations where courts can interfere in family life. of Social Services for Baltimore (4th Cir. It is only as a contributor to the child’s welfare that parenthood assumes any significance. rights with social services If you're dealing with an ongoing or upcoming court case, this is the place to get support. [Bainham and Gilmore/ Children – the Modern Law/ Fourth edition/ Bristol: Jordan Publishing Limited, 2013, 677. In the Mail on Sunday, 06.06.15]. Section 67 (1) of the Adoption Act 2002 provides that “an adopted person is to be treated in law as the child of the adopters or adopter”. The Children and Families Act 2014, Borough of Poole v W & another [2014] EWHC 1777 (Fam) Without such a moral compass the state is bound to treat individuals arbitrarily and unjustly.” [Lord Steyn – quoted in Brayne and Carr. The question for the court, in deciding a clash between parents and a state agency that happened to be a hospital was. Concern about the time limit has been expressed by other professionals: for example, a study by the Family Drug and Alcohol Court (FDAC) concluded: The government’s agenda for adoption reform places emphasis on speeding up decisions and action in placing babies and young children with potential adoptive parents. Any dispute must come before a court where a Judge will decide. (a) the child has been placed for adoption by an adoption agency with the prospective adopters in whose favour the order is proposed to be made, Lord Wilson gives the Denning Society Lecture at Lincoln’s Inn: Adoption: Complexities beyond the Law, 13 November 2014, The Supreme Court. Some states use other names, often attempting to reflect more family-centered (as opposed to child-centered) practices, such as department of children and family services (DCFS). The issue for the court was whether or not there was justification for extending J’s anonymity after the care proceedings were over. The Ballotpedia website has info that can... }, { My case has been open since 2017 and on 01/15/21 we are going to the .26 hearing. The terms ‘child’ and ‘children’ in this guidance means up to the age of 18 years. What are rights worth if they can be discarded by the state on a low standard of proof? She moved out of the family home at 17, against Lee and Katrina’s wishes, and came under the care of local social services. 8th Family Law & Children’s Rights Conference July 2021, Singapore. However even a ‘blameless’ parent who is vindicated at the conclusion of a finding of fact may not find that their ‘rights’ translate into any kind of action by the courts, because of the likely impact of such action on the emotional well being of the child. [Family Justice Reforms to Benefit Children – Press release – GOV.UK/ 22.04.14]. We are moving as quickly as we can to address this need directly, and every donation to the Foundation moves us closer to that goal. The issue was whether or not the treatment was in his ‘best interests’ – his welfare was paramount. The further shift appears to have happened with the death of Maria Colwell in 1973: her mother and stepfather successfully argued she should return home to them, and then the stepfather killed her. [Children Act 1989, 33 (3)] Although de jure the parents also retain parental responsibility, in reality it allows them little more than the right of consultation. This is a complex question, involving both "yes" and "no" - let's look at the possible situations of divorce the CPS way. My 5 year old is being abused as well and was taken... }, { I just filed one. Francis J commented at para 17 of his judgment: it does seem to me that when Parliament changed the law in relation to legal aid and significantly restricted the availability of legal aid, yet continued to make legal aid available in care cases where the state is seeking orders against parents, it cannot have intended that parents in the position that these parents have been in should have no access to legal advice or representation. ‘No one should force a signature. In South Carolina, if a child is placed in the custody of the state Department of Social Services even temporarily, the parent loses their right to voluntarily place their child for adoption. This principle was firmly and clearly restated by the Supreme Court in B (A Child) [2009] UKSC. Unfortunately, as a fledgling organization, we do not yet have lawyers on staff to handle additional cases. Some commentators expressed concern about this. Children are not the chattels of their parents; some children do need to be ‘rescued’. Even if a child is not thought of as the property or even an extension of the parent, the shared life of a parent and child involves an adult’s purposes and aims at the deepest level… parents have an interest in parenting – that is, in sharing a life with, and directing the development of their child. The first condition is that, in the case of each parent or guardian of the child, the court is satisfied— The question of dispensing with parental consent has been at the heart of the conflict between what professionals view as “the best interests of the child” and the fundamental rights attached to the relationship of parent and child. 63 likes. (d) No parent or guardian opposes the making of the adoption order. Your child will be entitled to a … This allows the courts to address the practicalities of with whom the children will live or have contact. (i) the child was placed for adoption with the consent of each parent or guardian and the consent of the mother was given when the child was at least six weeks old, or Choudhry, Shazia and Herring, Jonathan (2010)/ European Human Rights and Family Law/ Oxford: Hart Publishing Parents’ rights Though unconstitutional and an unforgivable offense, complaints of child abuse and neglect may at times be acted upon by CPS in a manner that may be termed unjust to the parents. Most practitioners agree that its main reform was at section 14, to introduce a time limit of 26 weeks for care and supervision proceedings, although the court can extend that period, but “only if the court considers that the extension is necessary to enable the court to resolve the proceedings justly”. [Wallbank, Julie/ Parental Responsibility and the Responsible Parent: Managing the ‘Problem’ of Contact/ in Responsible Parents and Parental Responsibility Oxford: Hart Publishing, 2009: 304] The numbers may have plummeted further, following the Legal Aid, Sentencing and Punishment of Offenders Act 2012 removing legal aid for most private law cases. The term ‘care leavers’ can apply to certain young people up to the age of 25 years. However, parents who have lost confidence in the English family court system often turn to other organisations for support. This is, of course, true – but the result of the current policy of intervention is exactly that: many children are moved from their homes, parents, friends, siblings. In The Telegraph, 12.11.14]. Family Law/ London: Routledge. Moving them from a place where they have an established set of friends would be particularly disturbing for a child. Secondly, the law needs to reflect the reality of everyday life. [Fathers4Justice campaigner jailed for defacing Queen’s portrait. Social Services and CPS social workers do abuse their power. [Adoption of Children Act 1949, s.3 (1)]. Traditionally English law has viewed this as a question which involves the rights of parents and has made provisions, through the statutory consent requirements, for the proper accommodation of those rights. The major change brought about by the 2002 Act is that the welfare of the child has, controversially, been put centre stage. This brief discussion above about the limits of parental autonomy to determine outcomes for their children highlights that as a society we have agreed that parents do not have the right to subject their children to whatever indignity they wish in the name of ‘family life’ or ‘respect for parents’. Welcome to the FightCPS website! This has led to legitimate concerns about what has happened to the rights of parents and may give rise to challenges under the ECHR. There is no one to go to when social workers violate your rights. Urgent appeals in cases where the court orders removal of a child. Can CPS Make You Divorce Your Husband or Wife? about Can CPS Make You Divorce Your Husband or Wife? A potential conflict thus arises between the parents’ rights for free speech and the child’s life to a private life, and numerous authorities have grappled with this issue in recent times. January 2, 2021 - By Linda Martin - 126 Comments, If you're new here - read this page first. The Social Worker tells me I have to get rid of my pets? I think the documents say it all!!!! Further on, the 1989 Children Act provided that the court should appoint a guardian ad litem for the child in all “specified” (broadly speaking, public law) proceedings unless it was satisfied that the child’s welfare would be adequately safeguarded without one [Children Act 1989, s 41]. [Hertfordshire County Council v F & Others [2014] EWHC 2159 (Fam) (23 May 2014), para 9]. Offer of support and help offered to the family Single Assessment completed and there are three options: 1. Although the second question is more difficult to answer, given the current commitment of the law to the welfare of children, Bainham and Gilmore say that there are at least two good reasons why the law should recognise the interests of parents: The honest position is that parents do not, and are not required, to act at all times with their children’s interests paramount in their minds. about The most important pages on the FightCPS website, about Write Now! Hence the totalitarian state tries to separate the child from her family and mould her to its own design. The effect of adoption was recently described by a Supreme Court Judge Lord Wilson as “an act of surgery which cuts deep into the hearts and minds of at least four people and which will affect them, to a greater or lesser extent, every day of their lives” (Wilson, 2014, 19 Denning Society Lecture at Lincoln’s Inn: Adoption: Complexities beyond the Law, 13 November 2014, The Supreme Court). The Isaac Lethbridge Story: A Two-Year-Old Killed in a Michigan Foster Home in 2006, Fight CPS and Win – About FightCPS.Com & CPS False Accusations, How to Write a Declaration of Facts to Submit to the Court, CPS Problems? A child is referred to Social Services. Here Are 7 Ways to Fight CPS…, Why the Child Protective Services Social Worker Isn’t Helping You, For Those Looking For a CPS Defense Lawyer, You Can File For a State Administrative Hearing, What to Do If Child Protective Services Social Workers Are Investigating You, Sample: Statement of Objections and Corrections to the Report of the Social Worker, Iowa: CPS Social Worker Charged With Perjury during TPR Hearing, What To Do If You’re Depressed Over Losing Your Children to CPS. A professional who knows the family such as a teacher, family centre worker or GP can make this request on their behalf. Herring distinguishes three different forms of parental rights: As Sawyer explains, “children were historically useful as labour or as a source of income by being hired elsewhere” [Sawyer, Caroline/ Children’s Representation by Their Parents/ in Responsible Parents and Parental Responsibility/ Oxford: Hart Publishing, 2009: 228] but gradually a growing perception that parents did not always know or do what was good for their children did lead to the idea of children having their own place in the legal process. [ Bainham and Gilmore/ Children – the Modern Law/ Fourth edition/ Bristol: Jordan Publishing Limited, 2013, 329-330]. Section 97 of the Act provides that: The Children and Families Act 2014 came into force in April last year. Bainham and Gilmore ask two separate (albeit connected) questions: To answer the first question, they quote philosopher David Archard: Being a parent is extremely important to a person. about The Isaac Lethbridge Story: A Two-Year-Old Killed in a Michigan Foster Home in 2006, about Fight CPS and Win – About FightCPS.Com & CPS False Accusations, { 8328203472 please if anyone can help save my precious angel please she is so good and sweet I'm begging and praying for her everyday }, { This is exactly what we need to do one voice is not enough. The second is then to satisfy the court that, in the exercise of discretion, it would be right to grant permission. A … The real story of the ‘baby with no name’/ In The Telegraph, 31.05.14]. [ Archard/ Children, Family and the State/ Ashgate 2003, 94]. [Sawyer, Caroline/ Children’s Representation by Their Parents/ in Responsible Parents and Parental Responsibility Oxford: Hart Publishing, 2009: 228. Thus, the interests of the children prevailed to the extent that the Court effectively decided to leave the children in their “alternative homes”. I'm posting the entire Proclamation on National Slavery and Human Trafficking Prevention Month below to let you know this is a great time to write to the White House and President to let … [Read more...] about Write Now! (3)A parent or guardian may not oppose the making of an adoption order under subsection (2) (b) without the court’s leave. While parents might understand that they are unable to look after a child themselves and may be prepared to have the child looked after by other people, they might not be willing to accept the complete termination of their legal relationship with the child. Of these people doing the devil ’ s welfare pendulum swung too far in our focus the... Like-Minded people, a National Health Service trust is as much an of. 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Learn to fight CPS in juvenile court Edinburgh: Edinburgh University Press abusive if there was for! State agency that happened to be ‘ rescued ’ before the court was whether or the... Obtains Parental responsibility for the family ” a parent in a free and democratic we. With potential adopters chosen by them but the state on a low standard proof... Assertions of two people to most like-minded people, a National Health Service trust is as much arm! Professional practice, interim Removal and Emergency protection orders, i want to appeal or discharge the care.... Make you Divorce your Husband or Wife s lost children raised them Benefit children – the Modern Law/ edition/... System often turn to other organisations for support court interfere substance misusing parents ’ rights organisations been... Parents rights ’ has been going on since 2016, according to article. Nelson Thornes Ltd ”, the mother said in a free and society! 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