Hello All, I have been dying to update you all but yesterday was a rather fast packed, stressful day but the important thing is that HE IS BACK HOME NOW!!!! Thank you all so much for your support, advice and just generally being fantastic. Babybarrister your advice about the out of hours judge resulted in a Court of Appeal judge being the one to call me back and she kindly briefed the High Court judge who heard my case who was absolutely lovely and calmed me down as I was in such a state. I represented myself as mumoverseas suggested and it was really nerve wrecking to say the least.
The out of hours judge had recommended a tipstaff collection order to remove my son from his dad's and the impact of it was that if he did not comply with it he would be arrested. In addition I was also given a residence order on the spot by the judge although I am back there on Friday morning and my ex will be there as well. The hearing itself was pretty quick, I had printed off all the text messages I had between myself and my ex and also between myself and my son which the judge read. I had also typed up a statement which showed the background and also how my son being returned home complied with the welfare checklist.
Once the orders had been given I had to then get a train to the city my son was in (but I waited at a station before while I waited for the tipstaff team to pick him up and call me that they had him. He was finally returned to me around 7pm yesterday and we made our way back to London. Yesterday morning my ex had called me hurling abuse saying I was mentally manipulating our son because he wanted to come home and that he was paying me all this money for him. My son then told me that they were bad mouthing me like crazy there and his father had showed him the CSA documents and said that if he stayed with them they could save that money for his university. He also said so many other negative things about me in an attempt to make him stay there.
Upon arrival of the police and tipstaff to remove him his father guilt tripped him by saying that he would never come and see him again and his partner chipped in saying that my DC had put his father through a lot. I was livid, more the other way round. All of this wanting to keep him there was purely because of not wanting to pay child support.
Well there is now Friday to worry about as I do not really know what to expect. I am going to take my phone as evidence again because he left about five abusive messages on my phone so I am hoping that the judge will agree to supervised contact at a contact centre. My DC has said that he does not ever want to go to his dads again and that it would take him a long time to trust him again. My son is just so overwhelmed with emotions. His father had taken his phone away from him and went through is text messages and one message he left on my phone was to say that he bought our DC that phone so he was now taking it and I would not be able to reach him (this was before he knew I already had the order and that tipstaff were on the way to his). He was gloating about how he would show solicitors text messages between my DC and I where I was urging him to delete his text messages incase his dad went through his phone. Little did he know that a High Court judge had already seen that text message. What an absolute lunatic putting my DC through all of that.
Well we are now trying to put it behind us but my poor DC is not coping very well I'm afraid. I am actually worried about his mental state right now. I will need your help again please with regards to what to expect on Friday as the residence order says that the case will be restored before the judge on Friday for an estimate of 30 minutes. Will I be able to bring up the contact and prohibited steps issue as they are on the form and also in the statement the judge read. Furthermore, can I play the messages on my phone to show the judge that my DC going to his fathers will not be the right thing at the moment given the bitterness he is displaying towards me and all the things his partner and him said about me to my DC to tarnish my image in his eyes. What a lowlife....
So that is it lovely people. My DC IS HOME, I just thought I would never see him again.
So really a massive thank you and some very unmumsnet hugs just this once.......