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Legal matters

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advise

12 replies

home2016 · 20/10/2016 14:26

so i recently posted my problem in regards to my daughters dad keeping her and refusing to bring her back police wont help nor will ss he wont open the door for me to take her myself but he is planning on moving in 3 weeks with my daughter and his gf he hasnt told me i found out of my husbands dad now he lets her play out so would it be against any laws for me to get a lift up there wait for her to go out to play and take her would i get done for kidnapping or abduction he has NO PR over her i do hes not on her birth certificate only has a DNA letter to prove hes her dad she lives with me and is only meant to go there for holidays so would i get arrested for this

OP posts:
FlabulousChic · 20/10/2016 23:26

Ask the police I can't see why you would get in trouble

ninenicknames · 20/10/2016 23:28

No you wouldn't.

I truly don't understand why he is not being arrested!!!! He hasn't PR therefore he has NO FUCKING RIGHTS!

Jesus you need a lawyer or just got get her

Ptarmigandancinginthegloaming · 20/10/2016 23:34

I hope someone with legal knowledge can help you - there must surely be some way to get help to get her back if u have pr.

Can't see that it would be kidnap to take ur DC home, but I'm not an expert, and I'd worry that it might upset her, or that he might see you, and try to stop u, and ur DC could end up in a tug of war.
Hope u get some good advice OP

home2016 · 21/10/2016 02:32

Ninenicknames. He's not been arrested because of the dam DNA letter: (

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purplefox · 21/10/2016 03:43

Is there a residence order or legal agreement in place re. him only having her during the holidays?

Are you in England?

home2016 · 21/10/2016 06:36

No

OP posts:
greenfolder · 21/10/2016 06:39

It must work both ways? If he can just take her and keep her so can you surely. Can you take legal action?

hippydippybaloney · 21/10/2016 06:43

Yes just take her. Then tell him what you've done so he doesn't call the police thinking she's been kidnapped

Collaborate · 21/10/2016 06:58

If that "no" answer means you're not in the UK, you need to be more specific about where you are. This is a UK website that deals with UK legal issues.

home2016 · 21/10/2016 07:02

I'm in the UK I mean there is no court order in place

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MrsBertBibby · 21/10/2016 08:00

Assuming you are in England or Wales, then you need to get an application in to court. It is not the job of police or social services to intervene between parents when there's no actual risk of serious harm to the child. Even if you have a residence order, it's up to you to apply to the court for help, and if necessary the Court will order the polIce to assist in retrieval (Family Law Act 1986)

If you try to swipe her back chances are there will be a huge fight in front of her.

I thought your solicitor was getting your case issued?

home2016 · 21/10/2016 08:40

She wants the £1200 upfront which I need to save for she said to try and get her back before they move in 3 weeks

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