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parental abduction whats the deal

6 replies

starshaker · 21/12/2009 17:51

I have a mate who has raised his child since his wife walked out on them nearly 5 years ago. She has now came back and taken the child and he has no idea where they are. She has also taken the passport. What can he do. The police are doing nothing.
I know this is vaque but if you need more info ask and ill try and fill in

OP posts:
GypsyMoth · 21/12/2009 17:53

its not a police matter if the child is with the other parent....she has parental responsibility

he needs a solicitor for this.

starshaker · 21/12/2009 17:57

i would have thought after 5 years she would have lost her rights as a mother. the child was only a baby when she left

OP posts:
GypsyMoth · 21/12/2009 18:12

she has no rights,she has responsibilities,the child has the rights.

it doesn't work that way tho,absent parents can re emerge at any time and still be entitled to try and forge a relationship.

the dad should try and get a court injunction (don't know legal term)to have the child returned so that absent parent can then apply for a contact order

dad should apply for full residency to ensure this doesn't happen again

www.wikivorce.com forums can offer advice

SixtyFootDoll · 21/12/2009 18:22

He neeeds a solicitor who is family law accredited.
mother still has parental responsibilty unless there is a court order in place to say otherwise.

STIDW · 23/12/2009 02:53

Your mate needs to get an urgent appointment with a family solicitor. If he cannot get one immediately he should go to the local court without delay, fill in a Form C100 for an interim residence order (fee £175) and insist on an emergency ex parte hearing. He should be prepared to hang about at court because it might take all day.

A judge will see him for five minutes and in that time he will need to persuade the judge to take urgent action to prevent the status quo being unilaterally altered and if it is appropriate there is a risk of the child being abducted to another country. The judge may issue an interim residence order and a recovery order so that the police can take action. Alternatively a hearing might be set for a few days time.

Form C100 can be downloaded from HM Court Services website along with guide CB1. If there is a risk of abduction to another country there is information regarding putting out a ports alert and preventing abduction @ the charity www.reunite.org

They also have a help line.

Hope that helps.

yerblurt · 28/12/2009 15:12

spot on advice.

Get into court with a completed C100 form - applications are for interim residence, Prohibitive Steps Order to prevent the child being taken out of jurisdiction

He should also consider completing a C4 form too - this is a "seek and find" order which compels anyone who may know the whereabouts of the child to make the address of the mother known to the court so that she may be served with the court forms.

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