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Can we get an urgent court order?

(15 Posts)
Rosewine72 Sun 29-May-16 17:41:56

I realise we need proper legal advice just its a bank holiday and wondered if any of u very knowledgable NMs might be able to help. We're not sure if our case is extreme enough but feel we have to do something.

Basically my partner is the main carer , till recently the mum decided she wanted more , I won't go into that as it's very long and complicated but both my dp and the dm went to mediation, it failed as she stormed out swearing at everyone however she has told the dc about mediation but worse she has lied to make herself look better and saying awful things to the dcs about us and now their heads are messed up , she is unstable so one minute she wants them then she will drop them hence she doesn't have full custody, so the children are with her at the moment she's moved house and not given my dp the address , and his dds are unfortunately against him because of the lies, she is also trying to change the youngest ones school. Is this extreme enough for a emergency court order as obviously there is no violence involved ?

bloodyteenagers Sun 29-May-16 17:44:42

Emergency order for what exactly?
To return the children. Block school change. None of these?

awhfuck Sun 29-May-16 17:45:15

Message withdrawn at poster's request.

awhfuck Sun 29-May-16 17:45:55

Message withdrawn at poster's request.

Rosewine72 Sun 29-May-16 17:48:30

Yeh I think that's best I've realised I can't give enough info really it's all too complicated it's for a lot of things . Thanks anyway x

eurochick Sun 29-May-16 17:56:47

I'm not sure what the urgency is from your OP. It sounds like a difficult situation but not an urgent one from what you have said.

Rosewine72 Sun 29-May-16 17:59:01

I guess so , kind of regretting posting now as I can't really go into it , just panicking a bit really my dp will sort it Tuesday

Fourormore Sun 29-May-16 18:14:04

I replied on your other post, OP.

Your partner is, presumably informally, the resident parent (you say he's the main carer). You say the children's mother has taken the children, moved house, refusing the advise the location of the child or return the children and is attempting to make a unilateral decision in terms of changing the child's school.

I would get your DP to fill in a C100, take a cheque for the fee (£215) to the court and ask for an emergency hearing. There is more information here -
www.familylawwiki.org.uk/index.php/Emergency_Hearing

An emergency hearing is necessary to prevent an immediate decision being made about the child's school by the mother and also to reinstate the status quo. Doing things the "normal way" is likely to establish a new "status quo" with the mother. Your DP may have to be quite firm (but polite!) with the court staff.

Fidelia Sun 29-May-16 18:22:56

Are you saying that you're worried that she's not going to return the children when she should? And that you have no idea where she is because she has moved without telling you the new address?

Should the children be with you now?

Does your DP already have a court order about access to the children? If not, then she is (legally) allowed to do what she's doing until a court order (incl an emergency order) is in place. If your DO has a court order, the moment she doesn't return the children as stated in the order, then your DP can go to the police and ask for help.

Fourormore Sun 29-May-16 19:11:11

The police will rarely help. It's a civil matter, not a criminal one. They may do a welfare check. They are unlikely to remove the children, regardless of a court order.

Rosewine72 Sun 29-May-16 19:24:26

No there's no court order it's a mutual agreement stamped by a court so basically my dp doesn't have a leg to stand on, hence that's why he needs one as she is now controlling everything although 6 months ago she didn't want to know them. My dp and me since I've lived with them have been their main carer deal with all the school stuff, and all the other things u generally deal with as a parent, she unfortunately has always been unreliable .

He's worried she may not return them, worried she will change the school which would be really detrimental, as it's a different town she lives in.no address, Also she is telling them a lot of lies while they are with her which has really upset them and causing them a lot of mental issues. She swears a lot and tells their dad and me to drop dead infront of them, comes around the house causing problems. But there is no violence the dcs are not in any danger other than having their mental health disturbed one of them already suffers from anxiety and the eldest 12, is a stroppy teenager anyway lol.

Fourormore Sun 29-May-16 21:50:51

He does have a leg to stand on. The courts are usually keen to keep the status quo.

Collaborate Mon 30-May-16 08:27:48

You'll get an urgent hearing, but not without notice. It's not so urgent that she can't be given at least 24 hours notice of you going to court.

Rosewine72 Mon 30-May-16 11:23:21

Thanks

Rosewine72 Tue 31-May-16 11:02:06

It's turned out her sister contacted my dp to say she's worried about her nieces , the mum is taking cocaine always partying, has told her she is going to split me and my dp up, and boy has she tried! She still hasn't given my dp the address she is at with them. He has contacted the solicitor but hadn't been able to get hold of them yet

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