Family Matters & Asperger's Syndrome

Hi!

I received the news a week ago that my daughter has Asperger's Syndrome. She has trouble with feelings & emotions and communicating them and also struggles with change in routines, although not in all circumstances (e.g. she moved school 8 months ago as we had moved house & we were walking 5 miles to school and 5 miles home-we did this for 6 months before she got a place at a school just around the corner-when she moved school she was fine with it, settled in very well but could be because she had had a long time to get used to the idea and it also meant we no longer had to get up at stupid o clock to be at school on time lol)

My real question/argh (and what I'm requiring advice on even if it's just people's personal experience) is how this will affect family court. My daughter stopped seeing her father when she was 2 as he emotionally abused her. He took it back to court and in September 2012 he was given access rights (supervised) It took just over 1 year (until October 2013) to progress to unsupervised contact (so as you can see it was very slow going based on my daughter's needs) however, in December 2013 court decided that it should progress from 4 hours unsupervised to 8 hours for the month of January, 1 overnight for the month of February progressing to 2 overnights in March & continue at that pace (every 2 weeks)

My daughter 'accepted' the 8 hours as much as possible, she wasn't happy about it, wrote homework saying it was making her sad etc and told her father she did not want to stay overnight. She started becoming violent, unsettled, wouldn't sleep, destructive, withdrawn etc etc. I therefore cancelled overnight & said I would take it back to court to have it reassessed because in my mind, this is no good for her to be that distressed and I stated at court it was too much too soon but nobody would listen.

I have now been told her father is going for residency stating I am "emotionally harming" her. I have in the past been blamed for the slowness of progress & a report was written saying if it didn't progress residency should be looked at. They said they would not take into account possible Asperger's hampering the progress because at that time there was no diagnosis (although she was undergoing the assessment) and therefore it must be me emotionally harming her and telling her not to go (I would like to add I have never done this. I have always encouraged, to the best of my ability, the contact and always encouragedmy daughter to do what she can manage.)

My real question is, does anyone know/have experience of court proceedings such as this? Her father has refused to accept that it could be the Asperger's stating he is doing what is in my daughter's best interest (by trying to force overnight stays) however, my daughter is adamant she will not even go anywhere near him if she thinks she will not return home the same day.

She has never slept over anywhere alone (please note this is not through lack of trying!!) she won't sleep at her grandparents/aunties/anywhere (people who she has known and been with her entire life) and I have made court aware of this but they would not listen. Could this be a side to the Asperger's (refusing to sleep anywhere I am not) ? I don't know that I have done the right thing by fighting this battle, I am terrified I will lose the residency battle purely because nobody seems to understand that pushing and forcing a situation will not make it happen any faster but instead may hamper!

I feellike I'm stuck between a rock & a hard place, I'm glad the diagnosis has come through as my daughter will get the support she needs in the area she struggles however, even though *I* understand Asperger's, I do not think anyone else involved in this does and that worries me :(

Parents
  • Well you should point out that an opinion is just someone's viewpoint in that case and a viewpoint is highly challengable and likely wrong.  If you get expert opinions from psychologists etc. that is more substantial than an opinion as it's from a qualified person.

    Regarding CAFCASS:

    https://www.cafcass.gov.uk/grown-ups/professionals/human-rights.aspx

    Article 6: Right to a fair trial.

    There must be access to a court or tribunal that is independent and impartial. A hearing must be within a reasonable time and there must be a sense of "fair balance" between the parties, with each party being afforded a reasonable opportunity to present their case.

    There must be disclosure of documents to ensure that all parties have all the information available. Every party must have the opportunity to have knowledge of and to comment upon the evidence adduced by the other parties.

    There is the right to a public hearing, although at present children's cases are heard in private. There should be a reasoned decision given by the court for decisions reached.

    Article 8: Right to respect for private and family life.

    There is a positive obligation on the state to ensure an effective respect for this right. However, this is a qualified right which means there can be interferences with an individual's family life provided the interference is:

    a) lawful
    b) must serve a legitimate purpose
    c) be necessary in a democratic society and
    d) must not be discriminatory


    Article 17: Prohibition of abuse of rights.

    http://ukhumanrightsblog.com/tag/cafcass/

    http://everydayvictimblaming.com/submissions/emotional-abuse-parental-responsibility-and-cafcass/ (this link is now broken, whole website is down)

    https://www.whatdotheyknow.com/request/abuse_of_care_proceedings_phso_a

    A bit of Googling will bring up a lot more.  Arm yourself with knowledge and any solicitor that tells you they won't help with CAFCASS needs replacing!

Reply
  • Well you should point out that an opinion is just someone's viewpoint in that case and a viewpoint is highly challengable and likely wrong.  If you get expert opinions from psychologists etc. that is more substantial than an opinion as it's from a qualified person.

    Regarding CAFCASS:

    https://www.cafcass.gov.uk/grown-ups/professionals/human-rights.aspx

    Article 6: Right to a fair trial.

    There must be access to a court or tribunal that is independent and impartial. A hearing must be within a reasonable time and there must be a sense of "fair balance" between the parties, with each party being afforded a reasonable opportunity to present their case.

    There must be disclosure of documents to ensure that all parties have all the information available. Every party must have the opportunity to have knowledge of and to comment upon the evidence adduced by the other parties.

    There is the right to a public hearing, although at present children's cases are heard in private. There should be a reasoned decision given by the court for decisions reached.

    Article 8: Right to respect for private and family life.

    There is a positive obligation on the state to ensure an effective respect for this right. However, this is a qualified right which means there can be interferences with an individual's family life provided the interference is:

    a) lawful
    b) must serve a legitimate purpose
    c) be necessary in a democratic society and
    d) must not be discriminatory


    Article 17: Prohibition of abuse of rights.

    http://ukhumanrightsblog.com/tag/cafcass/

    http://everydayvictimblaming.com/submissions/emotional-abuse-parental-responsibility-and-cafcass/ (this link is now broken, whole website is down)

    https://www.whatdotheyknow.com/request/abuse_of_care_proceedings_phso_a

    A bit of Googling will bring up a lot more.  Arm yourself with knowledge and any solicitor that tells you they won't help with CAFCASS needs replacing!

Children
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