ruby7
Bronze Member
Approved prospective adopter
Posts: 96 
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Post by ruby7 on Feb 10, 2015 18:17:15 GMT
Hi all, I've searched guru Google but can't find the answer. Birth parent contesting and the judge has said she will hear the case 'by submissions' in two weeks. What does ' by submissions' actully mean. Thanks
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Post by flutterby on Feb 10, 2015 19:35:13 GMT
The way I understand this is that it depends on what and whether the BPs actually submit anything to the court in the end. And depending on the strength of said material, she will then decide whether to allow an appeal. - All of this is standard procedure. it takes into account that BPs often threaten to appeal, but in the end may or may not bother. Also, whatever they send must prove so many things and if there is any tiny doubt, then the court will ask for clarification, further evidence, etc. which will then drag out a decision. That said, it is better to do this now as you might find yourselves in out situation later on after placement and have the adoption order dragged out for months and lots of insecurity.
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ruby7
Bronze Member
Approved prospective adopter
Posts: 96
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Post by ruby7 on Feb 10, 2015 19:55:03 GMT
Our social worker says ' the application will be heard' and then gives the date. Does this mean that depending on the evidence submitted she will then decide if she will allow the appeal. I think that's what your saying
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Post by flutterby on Feb 10, 2015 21:42:48 GMT
Yes, I think that is what is meant. Also, may mean that they will not hear any "evidence" in person, but go on written stuff only.
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Post by daffin on Feb 10, 2015 21:49:49 GMT
Our DS's case was heard on submissions in the end because at each (supposedly final) hearing 'just another thing' would be raised. So the judge gave a deadline for written submissions - and that was it. It went fine - for us.
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Post by annie70 on Feb 11, 2015 13:23:57 GMT
We had this with our AO... everyone had to write a report and send in by various deadline to the judge - then there was a meeting with all parties (obv. not us) planned but BPs didn't write their report so it was very straightforward. we were advised that this happens in many cases and could be the BPs wanting it on record that they tried - for when the child is older and they see their file... BPs would have to prove beyond any doubt that their circumstances / attitude / skills etc i.e. reasons why they lost custody in the first place have changed significantly and that the original reasons no longer apply... we were also advised this is highly unlikely but that the Judge was exercising due prudence so that when the order went through there could be no question or element of doubt that the placement was valid. Try not to worry - I know that's not easy - but everyone is working to do the best for the LO and you wouldn't have come this far unless they were sure that was you! Ax
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Post by nomoretears on Feb 11, 2015 15:29:53 GMT
"By submissions" just means (or did mean) that nobody need attend the hearing, thus saving Court time and solicitors time - plus the costs incurred by a full hearing.
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ruby7
Bronze Member
Approved prospective adopter
Posts: 96
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Post by ruby7 on Feb 11, 2015 18:26:41 GMT
Thanks all this really helps, I understand they could still appeal the judges decision to to grant an appeal. I'm not worry about it, just don't want to delay intros too far as will be disruptive for girls schooling as she loves school so much and needs routine.
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