Ex kidnapped our child

[Kusachi]

Ex was going to spend some time with dd before we went on holiday and didn't return her - it's day 5I had no idea he'd do this, because he agreed I could take her. He's been ignoring my calls and messages and I called the police that same evening, but all they could do was welfare check.
These have been 5 days of hell. I've contacted police, ss, hv, CLA, sollicitors, gp and all I hear is that they can't help me and that I should relax because my daughter is with her dad and she is safe. I've now applied for emergency child arrangement order. Anyone with experience of filling c100 and how long it takes for the hearing to take place?
Not knowing when I'll see my child again kills me!

Any update op?

Finally had a hearing two days ago. The judge was really not impressed with ex not allowing dd to see me. She was only able to draft a temporary order though, there will be another hearing in two weeks. Until then I'm only allowed to see dd 3 afternoons a week.
It was unreal seeing my daughter back after more than two weeks of not knowing where she is and how she is doing. Poor thing didn't have an easy time. I can't sleep knowing she's living in a homeless hostel when she could be here in her own bed. I'm so tempted to sod the order and just keep her here. Dd asked whether she could just stay at home with me

You poor thing. Why is she is a homeless hostel?!

This is insane. Why are you only allowed 3 afternoons per week? How come he can take DD and nothing gets done about it, but you can't keep your own daughter with you?

Some men only get three afternoons.

I don’t. Agree with ex not letting op she their daughter. That’s awful !

op, try and get 50/50

Stanski - we used to live together in one house before ex kidnapped her. At first ex stayed with his family, but when the school started he sorted himself a homeless accommodation, because family lives too far from school. I'm tempted to ask dd's school just to let her miss a week so they can stay at family's.

I think the reason for 3 afternoons is that she still maintains connection with me, but not being cared for me until the court heard the whole story. Ex made it out that I'm a danger to him and we and he fled the house in fear

Something a bit peculiar here. A judge , an actual adult female with what must be a phenomenal-brain to be appointed a judge - has decided that your daughter is better off with her father in a hostel than living with you ?

What reasons did she give for this ? On the basis of having spent the best part of a decade in the family courts and know that the judiciary are only interested in the child's best interests - what on earth reason did she give for considering this situation is better for her than residing with you ???
Be honest . No one can give advice without the true facts.

She said she needs more details about what made dad flee with his child.
The way I understand what happened, is when he heard the news that I'm finally going to move out, especially to a different country, he set up an argument with me, covertly recorded it and sent to police which came to arrest me days later on allegation of throwing a towel at him To add, there's also a family support worker who he groomed at their secret meetings, who, as he told the judge, advised him to take dd away and prevent all contact with me.

Kusachi you are planning not just to separate but to move overseas with your child ?

Yes, and he seemed to agree to that, but apparently changed his mind.

When you say he 'seemed to agree' to you taking your child abroad do you have actual proof of this? Text messages, emails etc?

If not then no, you can't take your child to a different country and he understandably took his child away before a holiday if he thought you wouldn't return.

You NEED proof, you need it to have been agreed. You need to have arrangements in place together for him to see his child in holidays, weekends etc.

Yes, I have proof of this and proof that he agreed it's ok to take her on holiday. I wasn't going to move her abroad without written consent or mediation, because I know it's against the law. Apparently abducting the child within UK is alright

What do you mean police came to arrest you?

He made it out that I assaulted him before he left. They came in and seeing how shocked I was told me that I didn't look like a criminal and had to come to the police station for an interview.

If I was the family judge in this case I would have made the exact same decision that the judge in your case has made.

You will be considered a serious flight risk at the moment.

If there is no child arrangements order currently in place and your ex has parental responsibility then NEITHER of you is permitted to take your child abroad without they written consent of all those with PR even for a holiday.

If you do, do this, you commit the offence of child abduction and will be arrested and the child returned to UK if the country you are fleeing to is a signatory to The Hague convention. If the country is not a signatory and the father does not consent - it is extremely unlikely the court will over rule this.

Smaller, stating the obvious.
I'm not disagreeing with judge's temporary decision, because it was obviously made to alleviate any risk.
So how do you prove you weren't going and not going to try to abduct the child?

You get a proper agreed and mediated child arrangement order that you both sign for where your child is going to live.

Yes, you have texts and discussion to prove he's agreed but until you have a proper signed order it's not going to cut it in front of a judge.

Seems a lot more than he kidnapped your child.

You were separating - who is the sympathetic family support worker? Why were they involved?

He records you arguing sufficiently for the pollice to arrest you?