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Urgent help required

(11 Posts)
lazuli33 Sun 07-Oct-12 15:21:52

My ex husband will not return my child after a visitation. We do not have a contact order, it was agreed within our divorce that he would have access 2 nights per week. The police cannot do anything and have been advised to contact a solicitor?!?

Whitecherry Sun 07-Oct-12 15:32:22

Yea, contact a solicitor. Do you have one?

lazuli33 Sun 07-Oct-12 15:45:44

Yes I will use the solicitor I had for the Divorce.

zippey Sun 07-Oct-12 18:35:31

Im surprised the police arent able to do anything, but I dont really know the law on this. You'll be worried for the childrens safety if they arent returned to you as the primary caregiver, so good luck.

Yes, get a soliciter. I wish men and women wouldnt do this as it spoils what could have been an amicable split. (similar story of that woman in Australia who abducted her children).

CremeEggThief Sun 07-Oct-12 18:41:47

Is it worth trying to reason with your XH at all? Trying to make him see how this is in nobody's best interests, least of all your DC's? Obviously, I'm advising this in conjunction with getting your solicitor involved too.

Sorry to hear about this and I really hope it all works out ASAP.

OldLadyKnowsNothing Sun 07-Oct-12 18:42:47

The police can't do anything, because a father spending time with his child/ren is not a criminal offence. They might get involved if the dc are at immediate risk of physical harm, but a loving father isn't a risk.

zippey Sun 07-Oct-12 18:52:27

I dont think you can be a loving father if you do not return your child to the mother after visitation - to me thats selfish and vindictive. I believe you when you say that the police are powerless though.

CremeEggThief gives good advice on reasoning with ex.

STIDW Sun 07-Oct-12 19:00:12

This is a matter for the family courts rather than the police. The police cannot get involved unless they have reason to believe children are at risk of harm. How old are the children, do you know the reason the father won't return them and how long has it been since the children should have have been returned?

mumblechum1 Sun 07-Oct-12 21:24:07

Assuming that there aren't any ongoing Children Act proceedings, and that you've already tried the obvious steps to get your child back, you'lll need to make an application in the morning for an ex parte (ie without your ex's knowledge), application for an interim residence order and an order for the child's return.

If the court grants the order (and it would be dealt with on Monday or Tuesday), then it is very much an interim order and you'd both have to go back for a further directions order in a few weeks.

Make sure that any order for the return of the child has a deadline and a penal notice attached.

lazuli33 Mon 08-Oct-12 13:14:18

Hi, I see a solicitor at 2pm today, could not get one this morning. My daughter is 11. There are no childrens act proceedings. The police will not do anything as I do not have an order from the court saying that he only has access two nights per week.

Old lady - I cannot see that he is acting in the inetersts of our child, if he wanted full access there is a process to go through via the courts, what is that teaching our child?

My daughter was due back at 5pm on Saturday, I cannot try and reason with him anymore, he says one thing and does another. Thanks mumblechum

OldLadyKnowsNothing Mon 08-Oct-12 15:35:28

Hope your meeting went well today, and that you manage to secure an early court date and swift return of your child.

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