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Can he do this?

(23 Posts)
CJsMummy93 Sun 18-Nov-12 23:43:02

Me and my OH spilt up a while ago and he took our son with him. Since then I have been fighting social services to get my son back because he wont let me see him. The last visit with SS ended in them saying due to me having depression since the loss of our daughter I wouldn't be able to get him back sad and they're allowing him to move and take my son not only to a different town/city but a new country completely, AUSTRALIA!!!
I just want my baby back, he shouldn't have to suffer because of what me and his dad went through.

lisad123 Sun 18-Nov-12 23:44:07

Do you have legal help? If not get some now!! Also have you had a proper cafcaf report?

CJsMummy93 Sun 18-Nov-12 23:50:37

Yes I have had a caf report done and I did have help until he decided he was going to go to the other side of the world and take my son from me - at which point because SS allowed him too, all of my help went straight out the window.

CJsMummy93 Sun 18-Nov-12 23:52:29

Oh and the report came back saying my son would not be at any harm or danger placed in my care

prh47bridge Mon 19-Nov-12 00:34:32

Has there been a court order allowing him to take your child out of the country permanently?

As the mother you have parental responsibility. That can only be removed if your son is adopted. If your ex has a residence order in his favour he can take your son out of the country for up to one month without needing your consent. If there is no residence order or he wants to take your son out of the country for longer than one month he must have your consent. If you will not consent he can apply for a Specific Issue Order to allow him to take your son to Australia. If he takes your son out of the country without your consent and without any court order he is guilty of child abduction which is a criminal offence. Nothing social services say can change this.

CJsMummy93 Mon 19-Nov-12 10:36:47

No he has no court order, I just got a visit from SS one day telling me, they didn't tell me where. I found out from his parents where it was.

NatashaBee Mon 19-Nov-12 10:47:33

Message withdrawn at poster's request.

prh47bridge Mon 19-Nov-12 11:13:33

If there is no court order he cannot take your child to Australia without your consent whatever social services say. If he has already taken your child to Australia you need to start proceedings to have your child returned to the UK. Australia is party to the Hague Convention so, in theory at least, getting your son returned to the UK should be reasonably straightforward.

I am assuming, by the way, that your son is under the age of 16.

Fairylea Mon 19-Nov-12 11:20:59

Does your oh have your child's passport?

If your dc doesn't have one apply for one now and keep it at yours and write to the caveat department (Google address) saying you are concerned that your ex will take him out of the country without your consent. I did this with dd. It does work really well. Years later when all was resolved and dh tried to take dd on holiday they wouldn't let him through passport control without telephoning me first! (Which was fine with me ... we are talking years later).

You could write to them with a copy of the birth certificate and a photo of your child even if you do not have the passport.

CJsMummy93 Mon 19-Nov-12 11:39:43

No they are due to leave on Thursday. My son is 2 next month. My OH has the passport x

mumblechum1 Mon 19-Nov-12 11:48:23

Get a solicitor to make an emergency application for a Prohibited Steps Order. If you can't get to see a solicitor today or tomorrow at the very latest go to the court office today, tell them you need to apply for an emergency PSO and they'll give you the form. Fill in the form, pay the fee (about £240 iirc) and lodge the application there and then. Stress to the court clerk that this is an emergency application as the child may leave the country on Thursday and that you wish to see a judge today or tomorrow.

EchoBitch Mon 19-Nov-12 12:59:56

What about your other DC,do they see their Brother?

EchoBitch Mon 19-Nov-12 13:02:29

It sounds awful though,are you managing ok with the new baby? brew

NatashaBee Mon 19-Nov-12 13:18:34

Message withdrawn at poster's request.

MOSagain Mon 19-Nov-12 13:34:09

totally agree with Mumblechum you need to take action now and issue urgent application.
Also contact passport office as a matter of urgency and say you've not given permission from your DS to be removed from the jurisdication.
Do you know exact time of flight and details of airport etc?

prh47bridge Mon 19-Nov-12 14:08:47

Agree with Mumblechum and MOSagain. As your son hasn't yet left the UK you need to take urgent action to stop that happening. Whilst it should, in theory, be reasonably straightforward to get him back it will be better to stop your ex taking him out of the country in the first place.

Portofino Mon 19-Nov-12 14:56:24

Agree that you need to take urgent action. Is there more to the story here though that might be really relevant? When did you lose your daughter? You mentioned losing a son 4 years ago on another thread sad - and also a DH.

EchoBitch Mon 19-Nov-12 15:07:31

OP,did you mean they are emigrating this Thursday coming?

Have you had any legal advice yet?

MagiMingeWassailsAgain Tue 20-Nov-12 11:22:24

How did you get on with the lawyer, OP?

Will your son be able to get the check ups he needs for the leukaemia in Australia?

I agree it doesn't quite sound straightforward at all. Very unusual indeed.

msrisotto Tue 20-Nov-12 11:26:48


CJMummy993 Fri 23-Nov-12 23:56:41

Sorry I haven't been around, been busy trying to get my boy back.
My OH still went ahead and took him, but now the police and SS because of the police are involved again

I can't get on my old account either, so I've had to make a new one. But its me!

Portofino Sat 24-Nov-12 00:13:34

Why can't you get on your old account. What actions have you taken since last weekend?

CJMummy993 Sat 24-Nov-12 00:36:14

Password problem and don't remember the email address I used to sign up so I emailed the team and waiting for them to get back to me.

I have been backwards and forwards between appointments with social workers, nurses, solicitors. Yesterday came along and my ex still took him so I involved the police as advised by solicitor because he's been taken without my permission.

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