Parents in care proceedings have raised serious criticisms about the standard of proof in care cases being on the ‘balance of probabilities’ – pointing out that removing a child from an unwilling parent is every bit as horrible as sentencing a parent to a prison sentence and the standard of proof should therefore meet the criminal standard of ‘beyond reasonable doubt’. the welfare of the child requires the consent to be dispensed with. Books: Can the interests of parents and children be so easily distinguished? The Children and Families Act 2014, Borough of Poole v W & another [2014] EWHC 1777 (Fam) (ii) The child was placed for adoption under a placement order, and What are rights worth if they can be discarded by the state on a low standard of proof? Law for social workers/ 10th edition/ Oxford: Oxford University Press, 2008, 75] That’s called duress. [Bainham and Gilmore/ Children – the Modern Law/ Fourth edition/ Bristol: Jordan Publishing Limited, 2013, 688. In summary, the court held that it is only as a contributor to the child’s welfare that parenthood assumes any significance. The second is then to satisfy the court that, in the exercise of discretion, it would be right to grant permission. When Child Intervention is providing services to your family, as a parent or guardian you have the right to: 1. be part of your child’s planning 2. question any decisions you do not agree with 3. ask for an Administrative Review if you do not agree with a decision and want to resolve the dispute 4. get advice from a lawyer about your involvement with Child Intervention – if you cannot afford one contact Legal Aid Alberta. 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. Hence the totalitarian state tries to separate the child from her family and mould her to its own design. It would be far better for this to be transparently and openly acknowledged rather than to act out a pretence that only children’s interests count. 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. Family Law/ London: Routledge. It becomes clear that if the court’s view is that adoption is in the child’s best interests, then whether or not the parent is behaving reasonably in objecting to this will have no bearing on the decision. “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.” Your child will be entitled to a … The trafficking of children... }, { Ms. Martin .... You might consider local ballot initiatives as a way to put a leash on CPS. EDIT And have continued around the case of Alfie Evans. What must merit full and proper consideration is the interest of someone in being a parent. The issue for the court was whether or not there was justification for extending J’s anonymity after the care proceedings were over. Hendrick, Judith (2005.) This is a complex question, involving both "yes" and "no" - let's look at the possible situations of divorce the CPS way. Has the child’s welfare pendulum swung too far – are Parents’ rights disregarded? A child is referred to Social Services. In this case they were not allowed to exercise that right, but the judge was more concerned with their failure to fulfil their parental responsibility. (4)The second condition is that— If you are a parent involved in this sort of case you are entitled to a lawyer, you do not have to pay. 63 likes. I’m... }, { I’m in the same boat. The first is to establish the necessary change of circumstances. K.H. rights to due process of examining the doctor's evidence against him -- and to start "cooperating" with DSS.. of Social Services for Baltimore (4th Cir. If you have parental responsibility for a child but you do not live with them, it does not mean you have a right to spend time with your children. 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). 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. The major change brought about by the 2002 Act is that the welfare of the child has, controversially, been put centre stage. Can CPS make you divorce your husband or wife? 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. Our Cases. No person, no governmental agency can impose itself into your life and the life of your family without complying with specific procedures designed to protect to your rights in your property. [Booker, Christopher. 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’. 35 (1) (a)] However, if the parents refuse to comply with the supervision order, the Local Authority is likely to apply for a care order, even if the parents maintain that they are capable to look after their children without supervision or support. Very little has changed since then over 30 years ago. The family then had another baby who was taken into care on the interim care order shortly after birth. Two younger children in the Webster family, for example, have never even met their siblings. parents against social services . On balance, the judge decided to make the adoption order, concluding: In making the order which, in my judgment, promotes the welfare of SR, I fully recognise the grief of the parents who do not share my view and I recognise that I have no comfort to offer them, beyond letterbox contact. 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. … [Read more...] about Fight CPS and Win – About FightCPS.Com & CPS False Accusations. For the most part, the law allows parents to bring up their children according to their own values and beliefs. The court is faced with a truly difficult job when before it come two parents who argue from entirely different perspectives about the fitness of the other to parent. 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. Jargon and Cliche in professional practice, Interim Removal and Emergency Protection Orders, I want to appeal or discharge the care order. The Guardian, 05.02.14] There is, however, some evidence that shared parenting may be an independent risk factor for younger children as well as those who become caught between parents in high conflict. If a CPS worker wants to interview your child at your home, they must ask your permission. [ Bainham and Gilmore/ Children – the Modern Law/ Fourth edition/ Bristol: Jordan Publishing Limited, 2013, 329-330]. /The Times. The “child arrangements order” replaces the old ‘residence’ and ‘contact’ orders following the 2014 Children and Families Act. 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. 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. 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. 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. I can think of few more profound cases than ones where a trust is applying to the court for a declaration that a life- support machine should be switched off in respect of a child. The court will therefore have to hear evidence and make a decision based on the evidence before it. ‘No one should force a signature. It has been going on since 2016, according to an article in the Sacramento Bee. Parental rights activists state that employees of the Massachusetts Department of Social Services (DSS) take children away from their parents without cause. A … ], There is recognition that The Children Act 1989 represents the philosophy of its time, i.e. Sawyer, Caroline (2009.) … [Read more...] about The most important pages on the FightCPS website, January 2, 2021 - By Linda Martin - 8 Comments, When will the federal government admit to the funding of human trafficking through the Child Protective Services agencies that take children from loving parents and give them to others? To most like-minded people, a National Health Service trust is as much an arm of the state as is a local authority. It raises the serious question of what weight, if any, is to be given to parental interests or rights in preserving their legal relationship with the child. Some commentators expressed concern about this. 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? The risks and impracticality of any policy of deliberate ‘social engineering’ determine this outcome. 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. is it possible to identify independent interests which parents have in relation to their children? Oxford: Oxford University Press, 2011. [Hertfordshire County Council v F & Others [2014] EWHC 2159 (Fam) (23 May 2014), para 9]. ‘Rights’ which cannot be enforced in court because the parents can’t afford legal representation and don’t understand complicated law, are no rights at all. [Choudhry and Herring/ European Human Rights and Family Law/ Oxford: Hart Publishing, 2010, 234.]. [Craig, Olga. For an emailed notificationof new articles,enter your email address here: Copyright © 2021 Linda Jo Martin, site owner, By continuing to use the site, you agree to the use of cookies. Baksi, Catherine/ Family lawyers sound alarm on separating parents/ The Law Society Gazette, 14.08.14, Booker, Christopher. Parents fight British social services ‘gag’ to petition European Parliament. (2) No person shall publish [F3to the public at large or any section of the public] any material which is intended, or likely, to identify 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. 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. 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. Weller v. Dept. This has led to legitimate concerns about what has happened to the rights of parents and may give rise to challenges under the ECHR. 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. The terms ‘child’ and ‘children’ in this guidance means up to the age of 18 years. Family Justice Board statement: Priorities for the family Justice System. The Children Act 1989 Secondly, the law needs to reflect the reality of everyday life. In Sutherland and McCall Smith Family Rights: Family Law and Medical Ethics/ Edinburgh: Edinburgh University Press. Without such a moral compass the state is bound to treat individuals arbitrarily and unjustly.” [Lord Steyn – quoted in Brayne and Carr. The Narey Report on Adoption: Our Blueprint for Britain’s Lost Children. Any dispute must come before a court where a Judge will decide. Some commentators expressed concern about this. 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). It is only as a contributor to the child’s welfare that parenthood assumes any significance. Has your name been added to a child abuse list? Coping with the aftermath of having your children removed by social services, or even being accommodated by the local authority under a voluntary (Section 20) agreement, is a very painful experience for parents and close relatives. (There are reasons, however, why you should cooperate—there’s a section about this below). “In my experience, the UK is unique in Europe for the secrecy of its family courts and for the threats and bullying by authorities of parents who want to speak out about their treatment,” said Tatiana Zdanoka, a Latvian MEP [Waterfield, Parents fight British social services ‘gag’ to petition European Parliament. The real story of the ‘baby with no name’/ In The Telegraph, 31.05.14]. [Sawyer, Caroline/ Children’s Representation by Their Parents/ in Responsible Parents and Parental Responsibility Oxford: Hart Publishing, 2009: 228. The judge believed it was emotionally harmful not to give a child a name. … [Read more...] about Your License Plates Can Be Tracked, May 16, 2017 - By Linda Martin - 15 Comments. There are long-standing and well-established “automatic restraints” on the publication of information relating to proceedings under the Children Act 1989. “Many parents report social workers overstating their authority but have no recourse against them. 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. more information Accept. Herring, Jonathan (2012.) It is not enough to discount the interests of a parent in a moral theory of parenthood. 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]. The first condition is that, in the case of each parent or guardian of the child, the court is satisfied— 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. [Baksi, Catherine/ Family lawyers sound alarm on separating parents/ The Law Society Gazette, 14.08.14]. What are the nature of and limits to parents’ rights? 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. I’d like... }, { They are sue.able but it’s very tricky. [Adoption of Children Act 1949, s.3 (1)]. Lord Steyn, writing extra-judicially, said: “A constitutional democracy must protect fundamental rights. Others simply don’t realize the limits of their power and step over the line because that’s how they were taught to work. 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. Everyone knows that it is just part of living in Arizona. [Fathers4Justice campaigner jailed for defacing Queen’s portrait. [Bainham and Gilmore/ Children – the Modern Law/ Fourth edition/ Bristol: Jordan Publishing Limited, 2013, 224.]. 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. … re: National Slavery and Human Trafficking Prevention Month, 2021, June 14, 2020 - By Linda Martin - 95 Comments, Welcome to the Fight CPS Legal Document & Information Library. In the Mail on Sunday, 06.06.15]. (c) That the parent’s or guardian’s consent should be dispensed with. 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. The question of ‘parents rights’ has been bought into very stark focus by the court hearings around Charlie Gard. Parents Rights against Social Services, Child Protective Services, Human Services false accusations. 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). This requires the judge to be satisfied that a child has suffered or is at risk of significant harm. Is a CPS caseworker pressuring you to divorce your spouse? A primary aim of the Parental Rights Foundation is to provide legal defense for families whose rights have been violated. This section looks at the range of orders the court can make in the course of care proceedings. In The Telegraph, 12.11.14]. Terms of Use, Compensation Disclosure, Privacy Policy, Request to Have Something Removed From the Site. 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. 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. He was beaten and burned while in state custody foster "care". In this case the application to remove the child was made because the Local Authority was concerned about the father preventing them from supervising the child. Cell Phones – How Will CPS Caseworkers Use Them Against You? The real story of the ‘baby with no name’/ In the Telegraph, 31.05.14, Craig, Olga. (b) An address or school as being that of a child involved in any such proceedings. Lord Wilson gives the Denning Society Lecture at Lincoln’s Inn: Adoption: Complexities beyond the Law, 13 November 2014, The Supreme Court. 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”. But the local authority has statutory duties in respect of all children in need and particularly children who are the subject of proceedings. In The Telegraph, 12.11.14, Adoption Act 2002 The law is clear; where doctors and parents disagree over what treatment is in the ‘best interests’ of a child, neither parents nor doctors are able to demand or veto certain treatment. I followed their advice and took a step back to my children some space. A parent or other adult family member or an older child may request family support services from social services at times of stress or for help regarding a particular child or family problem. 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