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Advice on parent refusing to return child?

(10 Posts)
QueenMortifauxcado Wed 28-Dec-16 14:37:45

Asking for advice, not me but someone I know. History is emotionally abusive ex (has parental rights but not primary carer) is refusing to return the child. Police and child services have refused to get involved as the child is not believed to be in physical danger.

I'm presuming legal intervention will be needed but a solicitor is not affordable, can anyone point me in the right direction for legal assistance or go over what will happen next?

FoofFighter Wed 28-Dec-16 14:40:13

google will tell you the legal form numbers they would need, and they can go and put them in themselves at the court, there might be financial help with costs of putting them in if they are on certain benefits. You do not need a solicitor to represent you.

Can they get Legal Aid? (diff rules depending where in country you are, worth checking) if not can they make the most of a free 30min consultation?

FoofFighter Wed 28-Dec-16 14:41:04

also worth getting this put into legal matters board too

QueenMortifauxcado Wed 28-Dec-16 14:48:24

Thank you, looking into all those things. Very much appreciate you taking the time to reply.

NeeNahh Wed 28-Dec-16 15:13:20

Do you think that your child is in physical danger?

QueenMortifauxcado Wed 28-Dec-16 15:53:37

The child isn't thought to be in physical danger. Emotionally distressed very likely. They're on the right track now with the court info. Thanks again for the help.

Starlight2345 Wed 28-Dec-16 16:00:27

yes find out the forms..Get them submitted as soon as possible..

savouryandsweet Wed 28-Dec-16 17:09:24

An emergency court order is likely to be granted to return the child to the resident parent (as long as there isn't a huge back story! Or unless the child is old enough to decide and is refusing to return home). A court date will be set fairly quickly usually within a week in my experience.

Call gingerbread- they offer free advice to single parents. Also many domestic abuse organisations often offer legal advice/support through this process if the relationship was abusive.

For the future, get an application in for a Child Arrangement Order to state who is the resident parent/when, where and how long for contact is with the non-resident parent. It's the best way to ensure that this scenario won't happen again.

QueenMortifauxcado Wed 28-Dec-16 17:32:43

Thank you for the advice. A solicitor is now on the case and an emergency order is being discussed. I have passed on all advice - thank you everyone!

FoofFighter Thu 29-Dec-16 17:12:30

Hopefully the child will be home soon x

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