Ex not returning child

[MuckyMallard]

Changed username and posting on behalf of cousin - I don't think she comes on here.

She has a little girl, nearly 4. She is a single parent as she split up with her ex not long after the birth - never married but the father is on the birth certificate and she has his surname.

He has had frequent access to the child and gets to keep her for a couple of days at a time. He seems loving to the child, but there has been domestic violence to my cousin - police are aware. There are no formal custody arrangements in place, but he is taking her to court in a few days about this. He took the child as agreed a few days ago, but has not returned her. This has happened before but it is now the longest time she has been away from her mother and my cousin is distressed.

He is not at his home and not responding to phone calls or messages. His own family genuinely don't know where they are. It is quite worrying.

Cousin contacted the police, they were sympathetic, but said they cannot do anything until after the court rules, as he also has parental responsibility. But I thought they were supposed to do a safe and well check to make sure the child is OK? Do you think it is necessary? Can my cousin insist they try?

Would be very grateful for any help.

Is your cousin in England /Wales?

Yes, England.

I assume his application is for child arrangements? When is the hearing? Has she a solicitor? Is she on a low income, as if so, with proof of DV she might get legal aid.

She needs to complete c100 seeking a "live with" order, plus a Prohibited Steps order forbidding him to remove the child from her care other than for court ordered arrangements, and C1A setting out details of his abuse. Also details of the times he has kept the child including this one.

She needs to call the Court to get an urgent appointment to issue (courts have different arrangements,) and to ask for an urgent hearing if that can be found before the hearing he has already got.

This is complicated stuff, she really needs a lawyer if she can get one.

Yes, sorry I should have said, she has just got a lawyer who seems very good, and she tells me she will be getting Legal Aid. The hearing is at the end of this week. She now tells me she will be seeing the lawyer on Tuesday.

I don't want to panic her, but I am just concerned for the immediate welfare of the little girl, as to disappear like this is worrying. I wondered if the police should be doing more.

I'm surprised the police won't do a welfare check. They did when this happened with my sister and my her son. (Although they didn't return my nephew as they said he was "safe")

The police are spread pretty thin, thanks to our lovely PM. A child being held by her dad, with whom she has regular overnight contact, is quite far down the list when they can't get out to DV calls.

Not the experience I have had with them. My 2 yr old accidently called 999 and I caught him on the phone to them. I said all was fine and it was just an accident yet 20 minutes later two police men were at my door. (Obviously thought I was lying) it probably depends on the area.

That’s a completely different situation.

You can go to court and apply for a specific issue order to have the child returned to her care immediately with the power of arrest.... but of course the bailiff delivering the order would need to find the father first

I was responding to this comment Nicky. when they can't get out to DV calls.

She needs to report them both missing.

pretty You aren’t comparing two similar incidents, a dropped treble 9 call will often have a quick response. I agree with the poster that it will be a low priority for the police unless there is particular reason why there is a concerns for the child’s well being.

dairy They are not missing so the police won’t treat them as that.