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
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.
Married to Bumblebear, 3 1/2 kids, a mix of adopted and home-made.
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
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.
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
Mum to DS, Zippy (8)... came home Nov 2013, married to Bungle.
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.