Emergency Ex Parte Residence Order..

[ConfusionAndDelay]

Further to my previous thread..

Police have interviewed step daughter's Mother and she has admitted to hitting her but says it was on her bottom and she didn't leave a mark. Step daughter is adamant it was her back and the Police have confirmed there is a visible (albeit faint in the photos) hand print on her back. They are progressing their investigation, deciding whether she will be charged with assault or not and said they will keep us updated..

Social Services are conducting a Section 47 assessment "significant risk of harm". Social Worker came today and said step daughter has claimed that her mum hits her a lot. Social Worker states she thinks the Shared Residency is emotionally harming step daughter as she is confused and upset about it all and lives two separate lives. Her investigation is not finished, she has yet to visit step daughter's Mother and will not comment on whether DH should return step daughter to her mum.

There is a Court Order in force Shared Residency. She's supposed to go back to her mums tomorrow. Given the above ongoing Social Services and Police investigations DH has decided she will be staying with us until it has finished.

What now? C100 and C1A forms it appears from google.

What do we ask for a "Child Arrangements Order" even though there's a Residency Order in place or do we state we want a "Interim Order"? For the current order to be discharged in favour of a new Order granting DH sole residency until this finishes?

How does this work? Is it up to her mum to return it to Court if it all finishes and she is not prosecuted and Social Services say she is not a risk?

Going to Court 9am - help greatly appreciated...

[titchy]

Not a lawyer...... But I'd assume you'd want an interim one for six weeks or however long until the section 47 has been completed then you can go back to court for a more permanent order once you have SS view.

[cestlavielife]

Explain to the judge and see what s/he prepared to grant....no doubt will be something interim. But right decision not to send child back til full investigation.