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(6 Posts)
Mummie35 Mon 11-Nov-19 00:04:02

Hi all just looking for some advice please. My child was picked up by his grandparent ready for his weekend access to his father. His father has now decided to keep him and won't return him back home. His father has PR but child has lived with me full time for the last 4 years since our relationship breakdown. He has my child every other weekend normally but he has now decided to keep him and has changed his schooling without my permission. Can he legally do this and what can I do to get my child back please.

OP’s posts: |
Mummie35 Mon 11-Nov-19 00:05:33

I am based in the Manchester area

OP’s posts: |
FatherB Mon 11-Nov-19 06:00:04

So don't react too badly to this but I believe he hasn't done anything illegal. It's not abduction unless there is a residence order in place (don't quote me on that)

That said, you need to apply to court and put in an emergency application for a residence order. It's the C100 form. You will need to make a case why your child should reside with you rather than their father but if the fortnightly arrangement has been ongoing for a while and there has been no issues with your child or you then I imagine it will be ok.

I'd speak to a solicitor and get it sorted ASAP. The longer he keeps your child, the more he will be seen as the primary caregiver and a change of location could be seen as unsettling your child.

I'd say it's also worth speaking to the police, they may not be able to directly help but they'll confirm whether there's anything they can do, and they'll also do a welfare check and confirm that your child is safe. It might not help but it will take a weight off of you.

unicornsarereal72 Mon 11-Nov-19 06:55:54

Nothing I can add but thinking off you. This is my worse nightmare.

IndieTara Mon 11-Nov-19 08:14:29

Op Def go to court and get a child arrangement order

IndieTara Mon 11-Nov-19 08:16:11

Oh and just to add police will usually do a welfare check on a child in these circumstances but have no power to remove a child from a RP without either a court order that states what contact should be or a Prohibitive Steps order

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