my son has not been returned after weekend with father...polive cant help im desperate

[Han30]

I have a court order from 2 years ago that allowed my ex partner to collect my son from school on a weds and every other weekend. Advised by social services after unstable erratic behaviour from father to make son 'unavailable' at these times until court date to review order. On Friday father snatched my son from my parents garden and was subsequently arrested and charged with assaulting my mum in fron of my son. Police couldn't do anything because court order still valid. Tonight he wasn't returned at 5pm and police can't do anything. Please can anyone offer advice. I am going to phone c
ourt and see a solicitor tomorrow?

Why can't the police do anything? don't understand

Where was your son taken to be cared for when he was arrested?

So even though he was arrested, charged and released he got to keep your son over the weekend ?

Why weren't you called to pick up your son while he was at the station ?

Presumably the police don't believe your son is at immediate risk of harm so it is a matter for the family court. Were social services involved before or did you just phone them for advice and how old is your son? `

the father lives in a different county. I had to drive up there.on arrival was advised my son was with paternal grandparents and they couldn't be found. a search team finally found him at 2am asleep at grandparent (had been hiding him in back room). at this point the father was being released on bail. as court order showed as 'his weekend' they said they couldn't help. I phoned them at 5pm as court order states he should be returned at this time. police came out and tried to advise him to bring him home but there is no power of arrest on the order. my little boy must be traumatised from being snatched and wondering what on earth is going on. I don't know what to do and am currently still waiting 7 hours later for the police to do a
welfare check!

I have informed social services of every event over the last year but because I have residency apparently it's up to me to protect him. he is 5years old

I'm really sorry you're going through this.
When my ex took my 3 year old the police explained all they could do was a 'welfare' check. Luckily for me they also had very strong words at the same time which resulted in my son being returned.
Is it possible your son will be dropped off at school in the morning?
If not maybe then the police will consider it a welfare issue.
Good luck xx

They said to police that they would but it's all a game and I doubt its very much. I feel completely out of ontroland let down beyond belief. The worst part is that it was my ex mother in law who expressed concern and brought it to my attention about her sons mental health and drug addiction actually sat at the end of the drive with the engine running while her son snuck in and snatched him

If your son is only 5 and you believe the grandparents won't protect him or he will be traumatised you could try contacting the Royal Courts of Justice (020 7947 6000 or 020 7947 6260). The matter can then be referred to the urgent business officer who can contact the duty judge. The judge may agree to hold a hearing, either at court or elsewhere, or by telephone.

Police won't get involved unless a) they believe there is a risk of harm b) you have a court order that orders them to retrieve the child.

It's a civil matter in short and your only recourse (if there are no safety concerns) is the court.

You can make an emergency application by going to the court with a letter to the judge outlining the situation and hoping they will see you. Make sure you keep things clear, focused and state what you want. Best case scenario is they make an order for the police to act, worst case is they tell you that they schedule this for a hearing at some point in the future.

I've been to a few hearings like this - albeit mainly for fathers. I usually get them to prepare a position statement, get straight to the court and we then do what we can.

Just to say I agree with Lostdad and during normal open hours you, or a solicitor on your behalf, can make an emergency application in your local family court. The contact I gave above is only for urgent cases out of hours.

did you get him back?