Ex husband took DD and wouldn't return her

[MrsParker]

My ex husband took our daughter who is 5 out Sunday 1st march. Said he'd return her at 5pm.
he called at 4.45pm to say that she was not coming home, that she wants to live with him. Very upset, begged him to bring her home but he wouldn't.
Called police and social services out of hours team, but as he has parental responsibility he could keep her. Police advised him to take her to school monday.
He took her to school monday, I was there waiting. He said he'd be picking her up later.
Went to solicitor, she advised me to collect daughter early from school, which i did. School said ex husband had been on phone, asking school to ask dd wh she wanted to collect her. As joint parental responsibility school say either of us can collect her, so they can't stop him.

I am going to court to get an interim residence order, dd has always lived with me since seperation in 2005. He took me to court for contact, i asked for a drug test, and he withdrew his application for contact. I have promoted supervised contact for the last few years at my home. I allowed unsupervised contact for the 1st time in Aug 2008. He has been very unreliable, and i suspect he still uses drugs. She had never stayed with him before. This was only the 3rd unsupervised outing they'd had. He argued with me before he took her as CSA have just started a dedustion of earnings and he's not happy.

My problem is that my solicitor says court date will be in 2 to 3 weeks. School can not stop him collecting her from school, or taking her out of school early.
She was off last week with a sore throat. Off this week with tonsillitus, saw doctor monday.
The school will not entertain home schooling as a temporary measure until i have an interim residence order and a prohibited steps order to stop him taking her from school.

They say she either comed to school, or i remove her from their register as home schooled?
Anyone got any idea what I can do? Solicitor said to talk to LEA. Which i did, said its down to school what they do.
Anything i can do legally to speed process up. Don't have ex-husbands address, need judge to get police to release it to my solicitor to serve papers.
Anything i can do about the school? I want to protect her, and if i send her to school he can take her
Will post in legal & lone parent section? Would you send your dd to school knowing this?

posted this on your other thread, then thought prob better here.....

i am a family lawyer. have to say i think your solicitor is being v feeble indeed. if he took her and kept her in this way of course residency needs to be sorted out ASAP. i would be pressing for an without notice hearing on your application for a residence order and a prohibited steps order forbidding him to remove dd from your care save as agreed in advance / ordered by the court.... even if you cant serve him you can give copy to school / have copy to show police if needed. you can get order from court re substituted service.... ie serving him at address it will come to his attention 9work / hi mum's ....).

what's the worst that can happen? no ex parte order and an early hearing date.

it is not in dd's interests to be treated like a parcel and to go to and fro in this way. if he wants to change the arrangements that are settled and stable HE should have tal;ked to you / made an application for a residence order, the silly arse.

i would be suspending contact too if he has behaved like this and you dont even have an address for him. he has behaved v unreasonably and the onus is on him to explain / seek to reinstate contact.

good luck.

What has happened since last post?

Since the last post. I rec'd a letter from his solicitors asking for contact, has not mentioned he wants her to live with him.

Emailed her yesterday asking if we can get a prohibited steps order stopping him from taking her from my care/ or school, waiting for a reply any sooner or exparte

My daughter is off school still, i am home educating, wrote a letter to school friday explaining the situation, asking what they can do. Waiting for a reply. She's not ill so will be classed as unauthorised absence. Have not removed her name from school register, will wait and see what they do. Will not risk sending her to school as he can take her.

So all still very much up in the air. Waiting to hear from solicitor, school and the court date