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Child Protection/social Work/divorce

[Deleted User][Deleted User] Posts: 1,219
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Morning folks. Apologies in advance for the long post.

My brother and his wife split up in October. The breakup initially was amicable, but no longer. There are 2 boys, one at 7 and one who is almost 2. Over the last few months, the eldest boy (my mum and dad and I see him once a week for a fw hours) has been showing signs of neglect. Turning up dirty, clothes are 2 small etc. The week before last, he has extremely upset and said that he had toothache for 2 weeks and mum had been ignoring it. That, and another couple of things (which i'd rather not say) rang alarm bells. I looked at the local child protection webiste and 6 out of 8 indicators applied.

I spoke with my brother, who is working 8000 miles away, and voiced my concerns and decided that social work should be approached. I duly did this. Well, to say this poop hit the fan is an understatement. Thie first thing that was done is that ex-wife texy my brother saying that we will never get to see the boys again and that I had been "in spreading lies"

There was never any malice in it - my bro and her are adults and can sort their own stuff out, i only did it out of sheer concern for the boys. My bro is home from work this weekend, and was meant to be seeing the boys, however ex is now dictating that he can indeed see them, but they have not to see me or my parents and that he has to stay in a hotel. According to SW she can indeed do that. Even although there are CPS issues with the boys.

What I really would like to know, is where is best to go from here? To Court to arrange some official access? If so, how do we go about it all? Sorry for being a bit rambly and vague, but just want to take some of the pressure of my brother when he gets home.

Thanks in advance for any help
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    molliepopsmolliepops Posts: 26,828
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    I'm not sure where you can go from here but I am surprised you didn't speak to her first and see if she needed any help ? When my sister was struggling we could have reported her but instead we offered help, long story short we ended up parenting the children but better we helped than reporting them to strangers.
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    c4rvc4rv Posts: 29,622
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    Too late now but I have would spoken to her first or last least gotten your brother to do so. Did he suggest going to social service ? Having social services turn up on your doorstep and being accused of negligent is one of the worst things that can happen to a parent and I am not in the least bit surprised at her reaction.

    Anyway, seeing as your brother is home this weekend best let him talk to her and find out what is going on and I suggest that you stay away from the kids for this weekend.

    I am guessing that you and your parents having the kids is outside the basic visitation rights laid out in the agreement ? Wait till after the weekend before your next step, if you start going to court then the chances are she will just dig her heels in further and insist that visitation rights are followed to the letter.
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    [Deleted User][Deleted User] Posts: 1,219
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    Thanks for your reply Molliepops. I would have much preferred to take that route - I have spoken with her on a few occasions, in fact the first thing I did when I found out about the divorce was to call her and say if she ever needed anything I was not taking sides and still there for her and the boys. I called and texted numerous times - asking her to meet up for a mcdonalds - asking her kids to my girls birthday party - asking if I could have the boys at the weekend to join in with family stuff - asked them over for new year. At every turn this was ignored or an excuse was made.

    If it was just we silly wee things, then maybe I could have just persevered with calls and texting or maybe even going to her house, but things with the boys had gone beyond that (to a dangerous level, incidentally) And still, now - she does not see that there is a problem. So until she does, am not sure I would have been able to help her fully - even if she had allowed me to.


    To reply to C4rv - there are no visitation terms legally set out. At the moment, it is just at her grace that he is getting to see them at all. This is what I am asking for advice with - how would my brother go about this?
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    [Deleted User][Deleted User] Posts: 3,232
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    Your brother can find out how to proceed here...

    http://theparentconnection.org.uk/#

    Mediation will need to be the first step, followed by an application for a Contact Order in the Family Court if that is refused or doesn't resolve anything.

    Public funding for such applications has been scrapped by the current Government, but it's not a complicated process and your brother can get advice and guidance on how to do it here...

    http://www.fnf.org.uk/

    Also...

    http://www.cafcass.gov.uk/

    The best thing you can do is to pass this information on, and then stay out of it for everyone's sake.
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    [Deleted User][Deleted User] Posts: 1,219
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    Thats really helpful. Thank you for those links, they are appreciated. I will pass them on to my brother when he is at home.
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    StressMonkeyStressMonkey Posts: 13,347
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    You should have spoken to her first.

    My mother reported me to social services - although in her case it was maliciously. I haven't spoken to her for three years and she hasn't seen my youngest for over a year. I don't ever intend to have contact with her again. I think eventually son will want to see her, but not any time soon. Even though there was no genuine case, social services caused so much stress and disruption that my Son developed alopecia.

    You and your parents have no legal rights to see your nephews/grandchildren. You can go to court but it will be up to a judge to decide if it is in your nephew/grandchildren's best interest to have contact. Given the level of animosity I dare say their mum feels towards you now, you may only get indirect contact. But as a side effect, you'll probably destroy any chance of recovering any kind of relationship.

    The best thing now is to make sure you don't make things worse for your brother.
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    c4rvc4rv Posts: 29,622
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    To reply to C4rv - there are no visitation terms legally set out. At the moment, it is just at her grace that he is getting to see them at all. This is what I am asking for advice with - how would my brother go about this?

    Has your brother seen any of these issues, he really is your first point of contact regarding the children. Has this been going on for a while ? Has your brother been out of contact with them that long ?

    As for this major issue, how major ? Did one of the kids end up in hospital ? You say that CPS had already been involved ?
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    [Deleted User][Deleted User] Posts: 3,232
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    Providing the children are in no immediate danger, Social Services can provide support for the family with the aim of sorting out problems relevant to the children's welfare.

    If there are serious concerns about the children's welfare, then SSD will call a conference to consider whether the children should be placed on the Child Protection Register - and both parents will usually be invited to attend.

    Contact/ access to children by absent parents is dealt with by the Private side of the Family Court, whereas SSD child protection work is dealt with by the Public side of the Court. Although in the majority of the cases dealt with by SSD, matters will be sorted out without the need to involve the Court.

    SSD may well encourage the mother to allow contact with father, but they have limited authority in enabling contact.

    Relate have family mediators in some branches, and if funding can be obtained for some mediation sessions with Relate, I would highly recommend that route.

    Public funding is still available for mediation, and there are various mediation agencies and solicitor's practices offering services.

    However, very few will have the skills and level of training found in Relate mediators.

    http://www.relate.org.uk/relationship-help/help-separation-and-divorce
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    4smiffy4smiffy Posts: 2,161
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    It's so clever to be wise after the event and to point out to others what they should have done, in your opinion. It's not very helpful though is it?

    I applaud the OP for caring and for trying to do something to protect those boys from harm. The links posted are useful and I hope the OP gets the information they need.
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    c4rvc4rv Posts: 29,622
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    4smiffy wrote: »
    It's so clever to be wise after the event and to point out to others what they should have done, in your opinion. It's not very helpful though is it?

    I applaud the OP for caring and for trying to do something to protect those boys from harm. The links posted are useful and I hope the OP gets the information they need.

    Isn't our opinion what OP is asking for ?
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    sybilvimessybilvimes Posts: 581
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    c4rv wrote: »
    Isn't our opinion what OP is asking for ?

    No. He is asking for advice, to help his brother, on what can be done to ensure contact with the children.
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    4smiffy4smiffy Posts: 2,161
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    c4rv wrote: »
    Isn't our opinion what OP is asking for ?

    It's unhelpful to criticise what's already been done. The OP is asking for help, how can pointing out what they shouldn't have done, be helpful? To be honest I'd just let it rest, unless you can help.
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    [Deleted User][Deleted User] Posts: 1,219
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    Thank you to all who have replied. I realise that I will come in for some criticism over the way I have handled this, however, believe me, if there was any other way possible I would certainly have taken it.

    Stressmonkey - I'm so very sorry that your Mum did that to you out of spite - I can fully appreciate you feeling as if I should have handled it differently. I wish that my sister in law had been open to my offers of help previously, then it maybe wouldn't have got to this.

    C4rv - My brother saw the boys over Christmas and New Year. There were concerns then, but nothing to which it escalated to. He has had very little contact whilst he has been away despite calling numerous times a day. The phone is very rarely answered and calls are never returned.

    Peter CJ - I appreciate you taking the time to post those links for me - they will be very helpful am sure (have had a quick glance, but would like to read them more thoroughly)

    and 4Smiffy - thanks for appreciating I was looking for actual advice.
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    molliepopsmolliepops Posts: 26,828
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    4smiffy wrote: »
    It's unhelpful to criticise what's already been done. The OP is asking for help, how can pointing out what they shouldn't have done, be helpful? To be honest I'd just let it rest, unless you can help.

    Yes but when what has been done is report someone then I am unsure what else can be advised, an apology might help but I wouldn't hold my breath on that one.
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    [Deleted User][Deleted User] Posts: 1,219
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    Thank you for your point, mollipops, I realise you have had personal experience of this and am glad you managed to get your sister help before it went beyond, but apologise is one thing I am not going to do. I am sorry that it had to come to this, but I am absolutely not sorry I reported my concerns. I would never be able to live with myself if anything more happened to the boys. How many times do we hear of "they stood back and did nothing"

    I did not go straight to SW - I contacted my sister in law on numerous occasions which were ignored. My brother cannot contact her as she never answers her phone and he works out of the country. This was completely the last resort.

    It will be left in my brothers hands when he is at home this week. I just wanted to have as much info as I can give him.
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    c4rvc4rv Posts: 29,622
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    4smiffy wrote: »
    It's unhelpful to criticise what's already been done. The OP is asking for help, how can pointing out what they shouldn't have done, be helpful? To be honest I'd just let it rest, unless you can help.

    OP actions in the past totally indicate how she is trying to handle this in the future. Let your brother try and deal with it FIRST !!!!!!! and there has been some pretty good advice and links for what HE should be looking at.

    stephanieplum, I know your primary concern is for the welfare of the children but you won't be able to do anything if your locked out of their lives. Let the relations between you (and your parents) and your ex-SIL calm down. As a parent I can understand that she is probably very angry with your right now.
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    4smiffy4smiffy Posts: 2,161
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    My experience of social workers is very good. I think peeps need to get away from the idea that you've reported someone if you have concerns about the welfare of a child. If a child is being neglected or abused then you are right to speak to a social worker in the child protection department. It's worth knowing that you can remain anonymous if you think this is in everyone's best interests. I get a bit tired of reading on here how the parent's perceived rights seem to take precedence over the welfare of a child. If someone is really concerned they should speak to a social worker. They are the experts in child protection. If a social worker gets a call they are duty bound to investigate and make sure the child is ok. I would urge anyone to always make that call if they are worried, rather than try and sort it out themselves. Obviously there are degrees of concern, but from what the OP posted it would appear they actually did the right thing in making that call. So well done to them.

    The things the OP said and didn't say definitely set alarm bells ringing for me.
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    nvingonvingo Posts: 8,619
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    Courts and social services' priority is the welfare and upbringing of the children, what will be good for them. They are supposed to value family relationships, not just with both parents, but with grandparents, aunts, uncles and cousins. It is important for the children that their wider family remain accessible to them.
    The father should already have equal parental responsibilities with the mother. Thus she should not be able to dictate who and where the children visit during their contact with their father. I'm certain she would not heed such limitations from the father.
    The social services can, if the children are under their responsibility, make such stipulations under threat of removing the children. But in the OP instance I cannot see why they would - back the mother - since it is the mother's care of the children being scrutinised not that of the wider family.
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    turquoiseblueturquoiseblue Posts: 2,431
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    Morning folks. Apologies in advance for the long post.

    My brother and his wife split up in October. The breakup initially was amicable, but no longer. There are 2 boys, one at 7 and one who is almost 2. Over the last few months, the eldest boy (my mum and dad and I see him once a week for a fw hours) has been showing signs of neglect. Turning up dirty, clothes are 2 small etc. The week before last, he has extremely upset and said that he had toothache for 2 weeks and mum had been ignoring it. That, and another couple of things (which i'd rather not say) rang alarm bells. I looked at the local child protection webiste and 6 out of 8 indicators applied.

    I spoke with my brother, who is working 8000 miles away, and voiced my concerns and decided that social work should be approached. I duly did this. Well, to say this poop hit the fan is an understatement. Thie first thing that was done is that ex-wife texy my brother saying that we will never get to see the boys again and that I had been "in spreading lies"

    There was never any malice in it - my bro and her are adults and can sort their own stuff out, i only did it out of sheer concern for the boys. My bro is home from work this weekend, and was meant to be seeing the boys, however ex is now dictating that he can indeed see them, but they have not to see me or my parents and that he has to stay in a hotel. According to SW she can indeed do that. Even although there are CPS issues with the boys.

    What I really would like to know, is where is best to go from here? To Court to arrange some official access? If so, how do we go about it all? Sorry for being a bit rambly and vague, but just want to take some of the pressure of my brother when he gets home.

    Thanks in advance for any help

    I would ask to speak with the social worker together with the boy's grandparents. Social workers are very keen to work with all members of the family, as this is in the best interests of the child. Social workers like to have meetings with everyone who is involved the children's care, ask for that. The boy's mother cannot dictate who can see the boys, it's hard to understand quite what's going on there. In light of your concerns, you did entirely the right thing in speaking to a social worker.
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    [Deleted User][Deleted User] Posts: 3,064
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    Morning folks. Apologies in advance for the long post.

    My brother and his wife split up in October. The breakup initially was amicable, but no longer. There are 2 boys, one at 7 and one who is almost 2. Over the last few months, the eldest boy (my mum and dad and I see him once a week for a fw hours) has been showing signs of neglect. Turning up dirty, clothes are 2 small etc. The week before last, he has extremely upset and said that he had toothache for 2 weeks and mum had been ignoring it. That, and another couple of things (which i'd rather not say) rang alarm bells. I looked at the local child protection webiste and 6 out of 8 indicators applied.

    I spoke with my brother, who is working 8000 miles away, and voiced my concerns and decided that social work should be approached. I duly did this. Well, to say this poop hit the fan is an understatement. Thie first thing that was done is that ex-wife texy my brother saying that we will never get to see the boys again and that I had been "in spreading lies"

    There was never any malice in it - my bro and her are adults and can sort their own stuff out, i only did it out of sheer concern for the boys. My bro is home from work this weekend, and was meant to be seeing the boys, however ex is now dictating that he can indeed see them, but they have not to see me or my parents and that he has to stay in a hotel. According to SW she can indeed do that. Even although there are CPS issues with the boys.

    What I really would like to know, is where is best to go from here? To Court to arrange some official access? If so, how do we go about it all? Sorry for being a bit rambly and vague, but just want to take some of the pressure of my brother when he gets home.

    Thanks in advance for any help

    I am sure you did the right thing (even with the outcome) child safety is always the first consideration when faced with the possibility of child neglect or abuse. I know the outcome has become something of a mess but (I believe in Mandatory reporting) safeguarding is crucial.
    In my experience 'Neglect' is often the 'unnoticed' form of abuse! and sometimes a sign of 'adult depression' &/or more serious Mental health issues, and can even be a precursor to more serious abuse- this is why we must report neglect.
    I hope given time and arbitration you and your brother will be able to re-establish contact with the children. please consider using a arbitration service your bro has every right to see his children and I'd hope you too would get to see them often.
    you could also talk to the social worker.
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    [Deleted User][Deleted User] Posts: 3,749
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    Kids being dirty and wearing clothes too small for them aren't neglect. A kid having tooth ache for a while aint reason to call SS either.
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    dearmrmandearmrman Posts: 21,517
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    Chocdoc wrote: »
    Kids being dirty and wearing clothes too small for them aren't neglect. A kid having tooth ache for a while aint reason to call SS either.

    No but it might be the couple of other things that the OP would rather not say.
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    turquoiseblueturquoiseblue Posts: 2,431
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    Chocdoc wrote: »
    Kids being dirty and wearing clothes too small for them aren't neglect. A kid having tooth ache for a while aint reason to call SS either.

    My idea of neglect is clearly different to yours. What would you class as neglect?
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    semimintedsemiminted Posts: 3,354
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    dearmrman wrote: »
    No but it might be the couple of other things that the OP would rather not say.


    So how can any reasonable advice be offered when most of the facts are not known?

    It must be extreme or serious for someone to call SS over any matter. But there are consequences for this.
    The children are THE MOST IMPORTANT in this and if you truly believe they are suffering then you need evidence, hard evidence and support.
    Talking to the mother is futile because she obviously does not think anything is wrong with her parenting because she would have been different with her parenting.

    And as the resulting "ban" for other family members has shown, mum has reacted to the action taken.

    Dad needs to sort this out with mum as best he can and tread very carefully but try and smooth things
    However if you do believe the children are at risk you must act and have enough evidence and be prepared for a big fight because it will only get very messy

    The kids are put first 👌
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    scottie2121scottie2121 Posts: 11,284
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    Chocdoc wrote: »
    Kids being dirty and wearing clothes too small for them aren't neglect. A kid having tooth ache for a while aint reason to call SS either.

    I can see where your oops you're coming from.:D
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