The children were taken from the mum by police and social services. After one year of them staying with the dad he wants to formalize their stay.Will it be enough to seek help from mediator or will the case have to go to court?
Do you mean a mediator or Cafcass?
If it’s Cafcass – the judge takes their recommendation like 99.9% of the time.
I think in your case, it’s gone way too far for mediation.
Usually, you would go to a mediator first (before things have got nasty).
Then it goes to Cafcass. The Cafcass worker will see you with the kids, and your ex with the kids, and make a report.
Then there’s the court case – the judge will listen to Cafcass.
It would all go to court, and obviously the dad would have made the "residency" application.
Sounds to me like he’s got it in the bag; it needs rubber stamping, which means a residency order in his favour.
They don’t like to move kids around and upset the status quo, and this would be the case even if the mum was fit (which she isn’t, if police and SS got involved!)
I believe a mediator is there to help both parties come to a decision on things to do with the children, such as child support, visitation, and other issues that may come up about the children. As long as the two of you agree at the meeting with a mediator there is no need to go in front of a judge. I reread what you wrote and must add that with social services being in the picture if may be different. But I would guess that if you agree to let the dad have full custody of the children, because they are already there, it shouldn’t be a problem and shouldn’t have to be done in court.
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it can go through a mediator (very expensive $250.00 hr) if you dont agree on things. then it goes to court.
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been there.
Whenever social services is involved such a CPS..the courts get involved, since the dad has the children, he can file in court for full custody of the children, where mom would receive visitations..
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The Judge has the final say in these cases but the mediator can and usually makes suggestions to the courts based on his findings. The Judge is not required nor does he always follow the suggestions so dont put too much emphasis on the mediators findings
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Florida Paralegal with a BS degree in Social-Pyschology
Do you mean a mediator or Cafcass?
If it’s Cafcass – the judge takes their recommendation like 99.9% of the time.
I think in your case, it’s gone way too far for mediation.
Usually, you would go to a mediator first (before things have got nasty).
Then it goes to Cafcass. The Cafcass worker will see you with the kids, and your ex with the kids, and make a report.
Then there’s the court case – the judge will listen to Cafcass.
It would all go to court, and obviously the dad would have made the "residency" application.
Sounds to me like he’s got it in the bag; it needs rubber stamping, which means a residency order in his favour.
They don’t like to move kids around and upset the status quo, and this would be the case even if the mum was fit (which she isn’t, if police and SS got involved!)
References :
experience first hand
UK?
Family court needed
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