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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Can I get an emergency court order?

10 replies

Northmumof2 · 18/10/2019 21:48

Is there any such thing?
Posted previously ex left us minimal interest in DD hasn’t cared, now demanding this and that when I’ve said he needs to spend time with her rather than just jumping from all to nothing.

To add his cocaine use to this it’s a mess
My daughter goes to nursery on a Monday and I’m terrified he will turn up take her and not bring her back. I’ve spoke to nursery they’ve said they can’t refuse him as he’s on birth certificate.
Is there anything I can do?

OP posts:
Alpacamabags · 18/10/2019 21:50

I don't know and I'm not in a position to advise other than I would keep her home until you know for sure. Nursery is not compulsory. 💐 For you. X

Northmumof2 · 18/10/2019 21:51

I can’t afford to not go to work Sad I don’t know what to do Sad

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BadgerBadgerMushroom · 18/10/2019 21:57

In my experience nurseries/schools can't deny but they can delay until the other parent gets there if they decide to. They are right they can't refuse him completely though. Safeguarding should be a factor in this instance for them though

mrsed1987 · 18/10/2019 22:01

You should be able to get some free legal advice. Or from the cab. But you should get a specific issues order

Alpacamabags · 18/10/2019 22:06

Could you get signed off? Do you get sick pay?

DinoMamasaurus · 18/10/2019 22:11

Yes emergency orders are available. Asduming you are in England/Wales Prohibited Steps Order to say not to remove from your care save for agreed time and if he did take her and refuse to return her a Specific Issue Order for her return (unless he took her overseas in which case it would be a different application).

That being said the court will only make orders where absolutely necessary and for the Prohibited Steps you would need to show there was evidence he was likely to do such a thing. Also bear in mind if you apply for an order about anything he could then apply within the same proceedings for an order regarding spending time/living with him etc. Obviously if you need an order you need an order but with bearing in mind it could open up other cans of worms/go on beyond the what you have in mind.

Ideally try to get some legal advice on the situation before making an application.

In the meantime I would think practically as to are there any steps to reduce the chances of him collecting her without your consent. Does the nursery know him? Do they not use a password system for if anyone other than you is collecting?

Siablue · 18/10/2019 22:25

The type of order you want is called a prohibited steps order. That can stop him taking your child. You can get them as an emergency. Has he been threatening you?

You can also ask the court for him to have drug testing as a condition of contact.

www.gov.uk/looking-after-children-divorce/types-of-court-order

Northmumof2 · 18/10/2019 22:37

I’ve been reading about prohibited steps- can I do anything about this over the weekend etc ? I just feel terrified he’s going to do something stupid

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Freddiefox · 18/10/2019 23:01

Have the nursery met him before?

I’ve got around this before at work by saying they could be anyone...

If they’ve meet him them there is nothing hey can do, unless you deem it a safeguarding issue and advise them to call the police.

Northmumof2 · 19/10/2019 20:32

Nursery have met him before, he’s never collected DD but has collected my DS when I was pregnant. Very small nursery they all know him. I’m so worried I’ve been trying to get advice all day and no idea where to turn

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