Advice on a potential custody

[Damonlufc88]

Hi. Bit of a long one but to be clear I'm asking for advice for a male friend of mine...

He was with his ex for 5 years. She had 2 kids and they had one boy between them. They split when he was 4.

He saw him at weekends for a while then she stopped allowing contact. He went though mediation but she kept canceling and failing to show. Although he has worked since 16 and still works now he cannot afford a solicitor but has always provided finance though CSA.

fast forward to now, son is almost 8. Hasn't seen his dad for 2 years or so. His mum never returns calls knowing my friend can't afford the courts. His mum has married a guy from Russia who is Russian. and is due to give birth in England within a next few months. He wants to move her back to Russia with his baby and her 3 other children. My friend is in bits. According to the girls grandma (who told him all of this only last night) she holds the passports still and had always taken my friend for granted but aprichiates what he actually did for the 3 kids once they split up. The 3 children 12, 10 & 8 dont want to go.

I'm just asking basically what my friends rights are.

Thankyou for reading

What do you mean he can't afford court?

Family courts are awash with unrepresented parties.

If he wants to see his son and stop her leaving the country, he needs to get his arse into court.

Is his name on the birth certificate? I assume they weren't married.

Pretty sure it only costs about £200 to go to court. As pp said it is very easy to self represent and many people do it. I suggest your friend gives your local family court a call and get some advice. Where I am they are very helpful.

OK thanks guys. He wasn't sure if that £200 would guatentee access to his son he has been given figures of £4000 to get guaranteed access. What would the £200 fee actually allow him to get from a solicitor?

No. The £200 is for him to apply direct to court. No solicitor. He can self represent. Seriously, get him to call his local Family Court and they will talk him through the process.

I would be wary of any solicitor who stated 4k for guaranteed access.

I would report any solicitor who made that claim to the SRA,

OP, is your friend's name on the child's birth certificate?

I would be wary of any solicitor who stated 4k for guaranteed access

I would be wary of any solicitor that guaranteed anything on any subject

Yes his name is on the birth certificate but they have never been married. I'm currently at work so I won't get massages for a few hours but I will pass on any advice and this advice already.
Much appreciated honestly.

My friend and his son and ex girlfriend are all English born citizens also.

The thing is OP, do you know how many absent fathers swan around moaning to all and sundry that they can't see their children because they can't afford the supposed thousands it will cost to go to court? Not saying your friend is one of those, you know him I don't.
But for £200approx wouldn't you even try it yourself? If not, you have to ask why.

First thing, he shares Parental Responsibility with her. It is therefore an offence for her to take the child out of the jurisdiction (I assume England/Wales) for any period of time.

However, this is cold comfort if she has gone to Russia. I believe Russia is a signatory to the Hague convention on child abduction, so it should return a child removed in breach of his rights of custody, but it's a cumbersome process at best, and I imagine quite political at the Russian end. I dimly recall a child being retrieved from Russia a year or so back.

The mum hasn't gone to Russia yet has she? This is planned for a few months time after the mum has given birth. So he needs to call the court, get advice and suck up the couple of hundred pounds it will cost him to take it to court.

The bare minimum your friend should do is immediately apply for a child arrangements order to reinstate contact plus a prohibited steps ordr to forbid removal. Court fee £215. C100, ask for an urgent order and do a statement setting out what the grandma said about going to Russia.

A PSO however only works if people obey it. There is a nuclear option of Wardship which I don't have time to describe just now but may be more suitable than this option.

No amount of money will 'guarantee access' but he won't know if he doesn't try
The fact that he's left it 2 years without applying will not reflect well on him at all. Even if he thought £200 wouldn't 'guarantee access' wouldn't a good dad have tried it anyway? Pathetic.

OP listen to MrsBert
The only experience I have is having gone through the process myself (though without the added complication of moving abroad)
Court isnt as scary or as expensive as people think. But your friend has to start acting, now.

Why isn't your friend researching this for himself?

OK I'll try to clear a few things up.. He went to citizens advice. The told him its best to go to a solicitor if mediation fails. Which when he contacted a solicitor and asked for their hourly fee was extortionate. They advised mediation which he set up with them to get in touch with the ex. He did and they did but she failed to show or cancel via phone calls. She then told her family that it was him who didn't show up. He didn't want to go to the house to cause a scene and do something that he or she would regret in anger. Every time he rings or calls or his family try to contact his sons mother she never answers or responds. He would absoluly not begrudge spending £200 at all don't think that for one minute. He was only really aware of going through a solicitors. Yes it's been a long time he and I know that. I did expext a few negative comments but over the whole it's been a positive topic.

His ex is still in England, her husband (as far as I'm aware) lives in Russia, sounds dodgy I know. He wants to come here for the birth then have her and his baby in Russia and take the other 3 children with them.

He was only really aware of going through a solicitors.

Fair enough, but now you can tell him that it is very common for people to represent themselves in family court. He doesn't need a solicitor. You and he have both learned something from this thread.

Now that he is informed, he can get on and apply to the court.

Yeah he wasn't aware and neither was I to be honest because obviously I would have told him. He will definitely be in contact with the courts this afternoon.

Also NYNAEVESEDA I wasn't opening a thread for opinions I was after advice as clearly stated above.

Everybody who has posted helpful comments regarding the situation it is really appreciated and I can't thank you enough.

childlawadvice.org.uk/information-pages/wardship/

Info on wardship. He can ask the High court in Wardship proceedings to order the Tipstaff to seize the child's passport from mother to prevent removal. He should simultaneously apply for CAO as above.

www.familylawweek.co.uk/site.aspx?i=ed146613

Scroll down to passport orders. You don't need location or collection orders.

The judge will ask why he hasn't done this at any point in the last 2 years.
I'm not being snide for no reason (though I do think it's pathetic - no doubt the solicitor would have told him he can self represent, I certainly don't believe the CAB didn't mention it, and a quick google can tell you in any case)
He needs to be prepared for these questions.

He does sound a bit wet. Two years is a long time for no contact and as the child has siblings it makes things trickier. Where does the father of the eldest 2 live and does their father regularly see them?

I'm not being snide for no reason

Of course not! I assume you're being snide because it bolsters your fragile ego.

Where does the father of the eldest 2 live and does their father regularly see them?

What the fuck does that have to do with the price of fish?

Well maybe that that father may also object to them moving away?