Temporary custody order...need help!!

[FrenchPudding]

I will try and make this short...

Basically I have been sectioned under the mental health act for 5 days. Section lifted and discharged yesterday. No meds, no referral, doctors happy. I had a break down. Mostly down to finances, which has now all been resolved. No under lying mental health issues, doctors have written no risk to children on my discharge notes.

In that time my DD's dad has had DD, I've come home to find he's gotten a temporary custody order and I can not simply go and collect her. He's threatening all sorts, there is a court hearing on Monday and I want to know what are my chances of getting her back?

I'm now home, back to work, feeling much better, I have my son back (from his dad) he's back at school, family back to normal minus my DD :-(

DD's dad has only been involved in her life with the last 18months, she's 6, she's only ever been with me. He has a history of phycosis, historic drug use and violence.

The court order made 2 years ago was that she resides with me, he had indirect contact and we've built up their relationship over the last 2 years to the point he has her every other weekend.

How the feck has he now obtained custody without me knowing or being present !!! I'm besides myself!!

Anyone please help!

Just sit tight until Monday. Tell the court everything then. And stay calm.

Easier said than done

Take your medical discharge notes (make 3 copies) so the court can see them at the hearing.

Try not to worry. From the court's POV, DD needed to be cared for temporarily by someone who could make decisions on her behalf if necessary - eg stop DD's other family members from removing her from school whilst you were ill, allow DD to be treated by doctors if something cropped up, whatever the possible circumstances that might come along.

But the court has deliberately listed a hearing on Monday to take stock and see what happens now.

The main thing the court will want to know is whether you are well enough to care for DD and whether there is a risk of you becoming ill again in the short term. So that's what you need to focus on - your discharge, your health now, and what you will be doing to stay in touch with MT services if you need to. Also tell the court who else will be keeping an eye on things (for example, if DD's school know what happened to you, they will also be able to keep an eye which is an extra safeguard for DD and shows that you have systems in place just in case you fell ill again).

The Court have listed this at short notice as he has obtained what is called an ex parte order as you weren't able to attend the last hearing. He was probably advised to do this when you fell ill. I'm not clear on whether he even intends to apply for permanent residence and don't assume that this is really what he is seeking? Have you tried talking to him or an intermediary to find out what is going on? His parents or a mutual friend? Have you spoken to your daughter or seen her since your discharge?

Do you have a CPN or psychiatrist who could attend the hearing or write a letter/email confirming your satisfactory presentation and good health?

You are entitled to take along a friend to help you at Court but be aware that the Court may not decide to return your
Daughter on Monday but may
relist the case and order statements and other evidence be filed in order to have the fullest possible picture. Whatever happens the Court will certainly order that you have frequent contact with her while proceedings are ongoing.

It seems from what you are saying that it is almost certain that DD will be returned to you very soon.

The current Court Order is TEMPORARY but if you want any advice then please send me a private message and I might be able to give you some help on this.

The most important thing is to look after yourself and avoid a relapse on your health. What seems like an awful and unfair Court Order is just the Court regulating the legal position from the date of
The hearing until Monday

Sorry I should have said, he lives 3 hours away is also trying to change her school, he's doing this to hurt me. No other reason. He has said he wants full custody.

I have got a solicitor and will be represented by her.

The only medical forms I have are the discharge from the hospital, no phyciastist involved now, they haven't given me any further medical support, they grant that I do need it and I had a break down.

I haven't seen dd since, all I've had is texts to say 'she's good' when I've asked. He won't speak to me otherwise.

Familylawbarrister I will pm you but I don't know how so bare with me!

Can you pm me so I can reply, can't see how to message you familylawbarrister