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DH has breached Court Order..

2 replies

ConfusionAndDelay · 25/07/2014 20:53

DH has taken the decision not to return his daughter to her mum today.

She has alleged her mum hit her across the back, she had a hand print when she arrived here. Police investigation is ongoing not determined yet whether she will be charged with assault or not.

Child Services now involved- Section 47 assessment ongoing as step daughter has said this isn't the first time and her mum often shouts and swears at her. Social Worker states she is compiling a report and will be in touch. This was supposed to be done today but she let us know this afternoon it was delayed.

They have a Shared Residency Order which is roughly equal. Step daughter due to go back to mum today and DH has decided not to send her.

Mum is stating despite the ongoing police investigation into assault she feels she should be in her care still. She has said she is taking "action" to retrieve her.

We didn't get time today to get to Court I amend the Order temporarily but will e there 1st thing Monday. Does anyone know if a Court would
Order the child be returned with the as yet unresolved assault allegation and Child Services investigation in progress? What could we do over the weekend? I didn't think family Court was open for applications over the weekend?

OP posts:
lettertoherms · 25/07/2014 21:25

No advice I can give but a bump for you. How horrible. Sad I would do the same as you have, but I don't know the legal implications. Your poor DSD.

CrocsAreJustPlainUgly · 26/07/2014 13:26

If It's an emergency and filed before 10am I think she can. Don't hold me to this.

I doubt the court would order the DD back to the mother when there is an ongoing assault case against her from her DD.

Maybe you should keep this to one thread though?

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