Need Help or advice ASAP

[cherryslt]

Hello, I need some help. 2 years ago me and my sons father seperated. We went to court and the court / cafcass granted joint custdity but for me to have residency. So basically i had my son all the time apart from one evening a week and every other weekend. Also my fathers son would have him 50% of the time during school breaks.

Since then i formed a relationship with with another man and after two years of dating i decided to move in with him. My ex patner agreed to look after our son for a short period so that i could move and find another job in the area in which i was moving to.

However after my ex partner stopped all ways of me being able to contact him a few weeks after i moved i became alarmed.

Today i contacted Cafcass for advice and they have informed me that my sons father went to court and obtained a residence order and prohibited steps basically behind my back and with me not getting any notice what so ever.

So now i have no contact with my son and according to cafcass theres a new order in place because my ex partner claims i abondened my son and that he has no idea where i am. Also states that my new partner is violent which is complete rubbish as he is a serving prison officer and obviousily has a clear criminal record as do i.

I really need some help and advise about what i should do to get my son back or how to challenge an order thats been put in place without my knowledge.

Many thanks

It sounds so stressful for you. I think that you need to see a family solicitor though, and get some professional advice about this.

YOu need to see a solicitor PDQ about challenging the order. How old is your child and how long is it since the order was made?

He is 4 years old and the original order was made in 2010 but now my ex has gained a new one within the last month without my knowledge

Have you not seen your child since 2010? If not, why not? That might significantly affect any court case you bring.

Or do you mean the original order in your favour? When did you last have your child with you?

original order was in my favour. last seen my son in april.

When did you leave your son with your ex originally when you moved to a new area?

april

Why has it taken you from april until now to do something about not being able to contact your 4 year old son? It's now august!

in the last few weeks i have been unable to contact my ex. i have been getting a job and things ready for my son to join me.

4 months How on earth could you go so long without seeing your son?

But surely you would be speaking to your son every day/couple of days whilst he is with your ex? Even a few days with no successful contact would have me running to the police let alone a few weeks.

4 months?

You haven't seen your son since April?
What kind of contact have you had with him/his father since that time- telephone, I presume, if so, how often?

If you haven't seen him for 4 months, he probably felt as though you had abandoned him tbh.

You need to go and see a solicitor asap and make an application to the court to overturn the previous order, if it was made without your knowledge and on a false basis. But you need to get moving, its been a long time for a 4 year old.

No i still had contact with him almost everyday until a few weeks ago but he hadn't lived with with me since April due to moving and trying to sort new house and job out. Does anyone know how long it takes to overturn a new order when it wasn't made with my knowledge and on a false basis or is there emergency measures i can get my solicitor to action. I never abondened my son i was just trying to do what was best and my ex / fathers son agreed with what i was doing.

hi

i had a very similar situation basically i was offered a job on a well known cruise ship for two months and the money i made in them 2 months was about the same as 7 months wages in my present job at the time. my son was 5 and up to then i had a good relationship with my ex. I spoke to my ex in person about working on the cruise for two months and how it would really help me buy a house. My ex agreed and so i took the job on the cruise. when i returned from the cruise job i discovered the ex had done the same as yours and went to court and obtained a interim order. i suspect thats the kinda order your ex has been granted as you legally have to be present and investigated to have the orignial order cancelled and by what you say that has not happened. i was exstremely worried and upset but you must find out what order he has obtained before you go seek legal advice. if it is a interim order then you have little to worry about as its basically the court just giving a short term measure to your ex until basically you challenege it which you must do to get it overturned. go with the truth . if it is a interim order then your solicitors will action an aplication to overturn the order or possibly another kind of emergency application it took me 2 weeks to regain my son from start to finish and it was basically solicitor then apllcation to court. court overturned interim order but got cafcass to do emergency checks/ interviews with all involved and then it was all sorted so please see some light at the end of the tunnel. good luck and tell me how it goes as i feel sorry that its happened to you aswell.