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Original poster

Ss and court

16 replies

private01 · 24/04/2022 21:15

Basically we are thinking about going to court for full custody as social services are not doing anything to help even though they have said ss is at risk of emotional and physical abuse bm and partner have failed parenting assessments and he isn't allowed around ss at all not even over the phone contact. She leaves ss with us while she goes to the contact centre with him to see his son and always wants us to have him extra days so she can with him. We found out they are viewing houses to move into together so we want custody of ss ( even though everyone knows this) for his safety now, he's also on child protection register and we have a whole ss case of concerns with her .What are the chances of us having full custody as we will have to pay for court and solicitors.

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Eupraxia · 24/04/2022 22:10

Is your step son on CP plan or CIN Plan?

Is your partner (his Dad?) Involved in the CP/CIN meetings? If not, contact social services and request involvement.

Ensure social services are aware they are planning on moving in together.

Original poster
private01 · 24/04/2022 23:58

Eupraxia · 24/04/2022 22:10

Is your step son on CP plan or CIN Plan?

Is your partner (his Dad?) Involved in the CP/CIN meetings? If not, contact social services and request involvement.

Ensure social services are aware they are planning on moving in together.

Yes he's involved in cp and told them he wants custody, she told ss they wanted to move in in the future but obviously it wasn't planned for them to be looking at houses together, he will be phoning tomorrow it's just so worrying with all the concerns we've been told about that he's still there and there's nothing we can do right now

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JeffThePilot · 25/04/2022 00:15

Why hasn’t your partner just held on to him if he thinks he’s at risk? He has legal PR. I’m not sure what you expect social services to do that your partner cannot.

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Original poster
private01 · 25/04/2022 05:12

JeffThePilot · 25/04/2022 00:15

Why hasn’t your partner just held on to him if he thinks he’s at risk? He has legal PR. I’m not sure what you expect social services to do that your partner cannot.

He did ask what would happen if we kept him because there is no court order the cops would be called and potentially he could be arrested so it's not a risk willing to take until we get custody through courts really

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MrsH1983 · 25/04/2022 14:24

Are you in the UK?

If you are and the father has parental responsibility, and there is no court order, he can keep the child and there's nothing the police can do about it. It's not kidnap or anything. There's nothing legally in place saying where the child resides. Police won't get involved.

northernlola · 25/04/2022 15:43

He's not going to be arrested for keeping his own child in his care? What crime is that!?

Original poster
private01 · 26/04/2022 20:09

MrsH1983 · 25/04/2022 14:24

Are you in the UK?

If you are and the father has parental responsibility, and there is no court order, he can keep the child and there's nothing the police can do about it. It's not kidnap or anything. There's nothing legally in place saying where the child resides. Police won't get involved.

Last time we did this (even though she told us to come get him) she told everyone we abducted him and posted us over every social media and group we kept a cool for our son and then she stopped us seeing him for 2 months

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Original poster
private01 · 26/04/2022 20:09

northernlola · 25/04/2022 15:43

He's not going to be arrested for keeping his own child in his care? What crime is that!?

She's already said we've abducted him, even though proven with messages we didn't, but ss here are rubbish they are no help so we've had to get police involved now

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JeffThePilot · 26/04/2022 21:53

private01 · 26/04/2022 20:09

She's already said we've abducted him, even though proven with messages we didn't, but ss here are rubbish they are no help so we've had to get police involved now

Show quote history

But social services literally can’t help with this, what do you think they can do? If your partner has legal PR and there’s no court order preventing him from removing his child from mothers care, it’s not abduction. In this case there’s nothing to stop him from just keeping the child. Mother would have to go to court if she wanted to challenge that.

MrsH1983 · 26/04/2022 21:58

Considering there is no court order in place, the only thing that would be considered abduction would be if the child was removed from the United Kingdom without consent from everyone who holds PR.

Retaining the child in your care if you have PR is not abduction and the police won't usually get involved.

RandomMess · 26/04/2022 22:15

Police just do a welfare check. For your DP to be arrested there would need to be a court order with additional conditions attached which is very unusual and usually occurs after the non-resident parent has regularly failed to return.

Original poster
private01 · 27/04/2022 08:13

MrsH1983 · 26/04/2022 21:58

Considering there is no court order in place, the only thing that would be considered abduction would be if the child was removed from the United Kingdom without consent from everyone who holds PR.

Retaining the child in your care if you have PR is not abduction and the police won't usually get involved.

Thank you, we've asked many people and had yes then no but we've finally spoken to a solicitor who agrees the child needs to be safeguarded

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Original poster
private01 · 27/04/2022 08:13

RandomMess · 26/04/2022 22:15

Police just do a welfare check. For your DP to be arrested there would need to be a court order with additional conditions attached which is very unusual and usually occurs after the non-resident parent has regularly failed to return.

No court order but we don't plan on taking him back home at all until it does go to court

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JeffThePilot · 27/04/2022 10:42

private01 · 27/04/2022 08:13

Thank you, we've asked many people and had yes then no but we've finally spoken to a solicitor who agrees the child needs to be safeguarded

Show quote history

Then why won’t your partner safeguard him? Why are you waiting until it goes to court?

JeffThePilot · 27/04/2022 10:43

Unless I misread that and you meant you have him and won’t be taking him back to his mother?

Original poster
private01 · 27/04/2022 11:43

JeffThePilot · 27/04/2022 10:43

Unless I misread that and you meant you have him and won’t be taking him back to his mother?

Yes that's what we're doing as he's told many people now he's been hit

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