how to appeal adoption decision?
a friend of mine has just been through a long 18 month court battle over the adoption of their children. The 2 eldest children were taken into the care of social services 18 months ago and my friend found out she was pregnant with her third just after. 4 months after the children were taken it went to court for the first time, they dragged it out for 18 months so that she could give birth and be placed in a mother and baby foster placement so they could asses her. Most mother and baby placements last for 3 months, how-ever she was there for 7 1/2 months. Ending in the youngest child being taken into social services care in June.
Her ex-partner and the father of the children was doing a Integrated Domestic Abuse Programme which lasted 9 months, and he passed that in April. The eldest children were originally taken into care for emotional neglect and neglect of the property. They have addressed the issues in their lives which were causing the domestic violence, and have re-done their entire house ready for when the children would be returned into their care. Through out the court proceedings which ended last week Friday 22nd July, they have done everything that has been asked of them to ensure their children would be able to come home, and yet the court has decided they will not and will ultimately be adopted. There are some issues with the information that the local authority and social workers have given to the courts, problems with dates that things occurred and 1 particular worker signing paperwork when she wasn't even involved with case at that time. The 2 older children are 4 and 3, and have had a dramatic change in behaviour since being in normal foster care, so the parents have now been told that they are potentially 'un - adoptable' whereas the youngest child at 9 months is up for adoption now.
My question is, although the parents openly admit they have done wrong in the past with raising their children, is there ANYTHING they can do to contest this decision made by the courts before anything regarding the adoptions is official. None of the children have been officially 'adopted' as of yet, but as they are looking for adoptive parents for the youngest child they need to find out if there is any help available to them before it is too late.
I appreciate that people may have mixed opinions on this topic as do i, but please could you not post any negative answers or responses.
the case was heard in Brighton Magistrates Court
(South East England)
- 8 years agoBest answer
They can try to appeal to a higher court. I work as a court clerk in the family court and i do see people winning their cases on appeal all the time. The parents seem to be making great effort to change their parenting ways for the good of the children, but this may be a case of too little too late, I hope not though. The parents will undoubtedly have a legal team who will appeal the courts decision, so for them it is not over yet. They have a long hard battle ahead of them, but it is possible.
Can I ask what court area you are in so that I may be able to give you an indication as to who the high court judge will be that will hear the appeal. Some high court judge's are very fair and will listen but others I'm afraid will go with the guardian adlitems recommendations. If the guardian adlitem is steering toward adoption, then the parent's will need to fight hard and a change in their legal team may be what is needed.
Edit...I don't know that court area, but I will sure make enquiries at work tomorrow.
Edit...I tried to find out some information about the family courts in Brighton, but as you probably know, the family courts in your area have now risen for summer recess and will sit again in September. From what I have found out, there are two high court family judges in your court area and they are both well experienced and from what I know, they are very fair and will hear the appeal in great detail and ensure that the children's welfare is paramount. I'm sorry I can't be of much help, but I would strongly advise you to encourage your friends to seek out a new legal team. They have a few weeks to put a case together in time for the september sitting. Good luck!Source(s): Life experience.......Adoption is a Labour of Love
- 8 years ago
I'm have witnessed this close up from both sides, my daughter who has a mild learning difficulty has had three of children taken from her and a friend who went to the hospital with her youngest son and had both of her children taken. Should they have had there children taken from them, in my opinion my Daughter needs additional support but maybe as there is no money for support, but she has her children taken, within hours of birth in one case because she COULD harm them not did. My friend took her son to the hospital over concerns she had he was self harming i.e constant head banging he is 18 months, she was accused of inflicting the injuries herself and even though he still exhibits this behaviour in foster care the SS refuse to have him assessed, treated or admit she has not inflicted these injuries herself.
Go on ask the ultimate question why don't I help my daughter, she lives 200 miles from me in a differing SS area I have three young children I will NOT expose them to SS scrutiny, Iv have seen them swoop in on family's with no more proof than an if, but or maybe and for parents to never get there kids back. Once they make that decision that the kids should be adopted you never win because all they need is the threat that you could harm your children ( under that level of proof we are all guilty)
- 5 years ago
How do I get permission to appeal because my appeal was revoke at the high courts in London
- 7rinLv 58 years ago
Pip and Sara have posted the links I'd usually post, but here's more in case they're helpful:
Family Rights Group @ http://www.frg.org.uk/
Stopping the adoption process @ http://www.direct.gov.uk/en/Parents/Adoptionfoster...
Contact Ian Josephs @ http://www.forced-adoption.com/
You may be able to get publicly funded legal advice and representation in court. A solicitor will be able to advise you. Find a solicitor through the Community Legal Service Directory @ http://www.communitylegaladvice.org.uk/
Fassit was founded in 2005. A non-governmental voluntary organisation independent of Local Authority Social Services Departments. Fassit provides a website containing information and advice for families with children experiencing frustration in working with Social Services in Child protection Proceedings @ http://www.fassit.co.uk/
Christopher Booker @ The Telegraph @ http://www.telegraph.co.uk/comment/columnists/chri...
Justice for my children @ http://www.justice-for-my-children.co.uk/
Parents Against Injustice (PAIN) @ http://www.parentsagainstinjustice.org.uk/
Home - the centre for separated families @ http://www.separatedfamilies.info/
National Youth Advocacy Service (NYAS) is a UK charity providing children's rights and socio-legal services. We offer information, advice, advocacy and legal representation to children and young people up to the age of 25, through a network of advocates throughout England and Wales. NYAS is also a community Legal Service @ http://www.nyas.net/
GOOD LUCK!Source(s): Abandoned to adoption at 7mths old. I didn't have a bad adoption - my afamily are the best I could ever have chosen... but if I'd been able to choose, I'd've chosen to be aborted instead. At least then the lifetime of agony would've been over in minutes/hours/days, instead of the decades that I've been suffering for now. Abandoned early 1973. Reunited late 2009.
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- frockneyLv 78 years ago
There is a facebook group helping mothers in that situation, especially with finding solicitors and expert psychologists who are not in league with the SS.
It is called Anti social services activists group
There's another group, which is secret, I'll send you the address by e-mail.
Also get some journalists on your case and contact John Hemming, MP
Journalists are: Christopher Booker
Also the "forced adoption site" given above is really good. If you do not get legal aid, he may give you a loan.
Keeping my fingers crossed!Source(s): http://www.dailymail.co.uk/femail/article-1308117/... http://www.telegraph.co.uk/comment/columnists/chri... http://www.timesonline.co.uk/tol/comment/columnist...
- PhilippaLv 78 years ago
Either join up with Fassit Forums or get your friend to join with the forums - http://www.fassitforums.com/ and the direct forums link is http://www.fassitforums.com/debate/ - there is quite a bit of information to be had on the forums and check out the tabs on the home page. I am on of the admin there so can get you or your friend activated on the forums. There is plenty of help and support to be had there and there are members who have either won their cases or going through the same so can give practical help.
- Mummy Of 4!Lv 58 years ago
Surely if there are grounds for appeal then their solicitor will have told them this or will be able to tell them what they can do.
- Anonymous8 years ago
It may be too late but try this
- crocusLv 68 years ago
I have a friend who adopted a child. The child's mother contested the adoption at the 11th hour and even though she had turned her life around, the courts decided he was still to be adopted. The interests of the child are always paramount.