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Residency battle

Posted by Genesis01 
Residency battle
August 10, 2019 10:34AM
My ex has been charged with child abuse against my children, and in court on Wednesday I was granted interim residency of the children (I had already kept the children for a month when the allegations were investigated) ,but we had an issue of determining where the children would attend school, so we went back to court on Friday.

On Friday back in court her solicitor misrepresented a telephone conversation with social work that gave the impression social Work had no concerns about my ex having the children back (her solicitor did not have proof of what social work said, just mentioned it was a telephone call. However, social works position - which they clarified to me later that day - was actually they are duty bound to check on the children wherever they reside, not that they had "no problem") Despite criminal charges, the sherrif granted her residency and sheriff officers forcibly took my children yesterday.

We have appealed this decision immediately after the court order was given but as it was late Friday, no action has been taken to review the appeal and won't be until next week.

I'm absolutely distraught the court gave her the children after the abuse they suffered and there was clear gender bias on the part of the sheriff.

I asked social workers if a child protection order could be given, due to the circumstances, but I was told the sherrif order actually trumps everything that has happened. A new child Protection order can not be raised unless the child are abused again after they are returned.

Is this normal?? Surely the children can't be returned when the ex has abuse charges on her and is awaiting for a court date?
Re: Residency battle
August 15, 2019 10:50AM
Since you refer to a Sheriff this is obviously taking place in Scotland. I can't say what is normal in Scotland. However, you did obtain an interim residency order. That means that the matter was due to be considered again before making a final order. That is presumably what happened. Given the circumstances I doubt that the Sheriff took the decision lightly.
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