My ex has taken my son out of his school and put him in a new one and is refusing to let me see him would the school refuse to let me collect him?

[HollyAnnLee]

So me and my ex split up 5 years ago we have 2 children boy aged 9 and girl aged 5
when we first split up everything was fine he was having his kids regularly and his new gf who he had moved in with seemed nice enough so everything was good for a while (we split up due to his prescription drug addiction gambling addiction cheating and he just wasn’t a very nice person to be with) up until about 6 months after we split coke the excuses as to why he can’t have his kids, he refused to financially support them also.. seemed like the novelty of impressing his gf had wore off… he then changed to fortnightly contact which I wasn’t happy about at all but what can I do (if the one of the kids birthday fell on in his own words ‘not his weekend’ he refused to have him/her
he disappears for months at a time with no contact. Our daughter is autistic and he just says she’s a spoilt brat and then I found out she was sleeping in the living room on her own in a travel cot (even though his gf had a 5 bedroom house) and she was crying when she knew she was going to her dads so I stopped her from going which I know he’s happy about it she doesn’t call him dad never has done and I don’t she ever will do, but for my son when his dad would disappear his heart was broken and each time it would be me fixing it he was so distraught and couldn’t understand in his own words ‘why his dad didn’t love him any ore’ I’ve always tried to speak good of him but there’s only a certain amount of excuses I can make for him soon as my son turned 8 he stopped caring about going didn’t cry when he was let down and we all started to get on with our life… up until a few weeks ago my son was on the park with his older brother (not his dads son) and our son bumped into his dad he took him off the park leaving my other son on his own and has denied access ever since he’s took him out of his school ripped him away from his friends and family and his home life after Barry bothering with him but from what I’ve heard from my son is that he wants to live with his dad which obvs breaks my heart because o know what he’s like with his dad but was just getting use to his dads antics, so I really don’t know what to I want my son home asap but I feel bad if that’s what he’s saying? But like I said he’s always been for his dad and I guess spending some time there he’s gone back to how he was about his dad.. I know the school he’s in and want to go pick him up today but I am scared that the school will refuse to let me take him.. his dad has not once asked about his daughter or nothing in months and then thinks he can just take our son when he was barely a fortnight dad also the abuse from his dad and his gf over the years have been hell on earth he he’s cheating on her and she kicks him out she’s crying about it to me on the phone but the second he’s back the sun shines out of his ass she’s also a mother so I don’t understand how she thinks it’s okay to do this to someone?? I just need some advice and then I will be going up to the school today to collect him

Surely it’s not legal? And I’m just being lied to? I forgot to ask my solicitor if I had been lied to about that but judging by these comments I have. And if I just put him back into his school his dad will just collect him won’t they and I’m back to square one? I know his dad has turned him against me so he’s more then likely going to refuse to come with me so what happens then? Do I still have a right to take him or will they tefuse
my heads a mess like I dunno what to even do

Thats Mediation. But you need Emergency Court order.

https://www.gov.uk/emergency-court-of-protection

Yeah that’s it, like mediation was going to help like what sort of person rips his child out of his school and into a new one how would they expect me to be able to talk it through with him when he is the problem

Agree you need to go to court asap and get full residency. Keep a record of everything he does. You need a better solicitor if yours takes a week to reply- I think this is urgent based on what you’ve said here.

Seek emergency legal advice from another solicitor asap @HollyAnnLee
best of luck x

Absolutely.

Definitely get a new solicitor and get an emergency hearing and in the meantime pick up your son long before the end of the school day.

That was wrong advice . There should have been an emergency hearing Ideally that week. .
.

You couldn't just take him back to his old school anyway as he's been off-rolled.

Presumably you are on the birth certificate and you can do the same thing. Just go and get him.

Why did the old school and new school allow him to be removed and put in the new school without the resident parents permission or did gf act as you

I would go up to the school now with his birth certificate and your ID (to prove you are who you say you are). Ask to speak to safeguarding, explain the whole situation and tell them you’re taking your child home. He has no court order so cannot stop you taking your son, you’re just doing exactly as he was.

I’ve got no experience at all in family matters, but I do work in schools and the end of the school day can be really busy. Do not leave it until then.

Take photographic ID for your and your Son. And go now.

You do not want this play out in front of your son and his new friends.

I’ve no idea what the school will or can do. But leaving it until the end of the day can’t be the best thing to do.

I am finding it hard to believe that you've been without your son for 5 weeks, and have done nothing about it.

I think there is possibly something you aren't mentioning.

I agree tbh. And it seems odd that your solicitor isn’t returning your calls.

Tbh I also doubt that social services told you that you had no say in what school your son attends, unless there’s something else here you’re not telling us about. And if there is, then the advice you’re getting here is well meaning but might not help you.

What your solicitor should have done is make an ex parte emergency application and I’d be asking them why they didn’t.

Pop in and talk to the head about 2pm today, just explain the whole story and go from there. And deffo chase the solicitor

You've been waiting five weeks for your solicitor to get something done but as soon as you get advice from randoms on Mumsnet, you're all geared up to go to the school today?

Op you have had poor legal advice. The C100 and mediation etc if for non emergency cases. You need to file an emergency case with court and should be seen within a couple days! 4 weeks is too long. By the time you get to court and go through all the hoops and hearings your child’s normal will be with his dad and dad will be most likely to win. You need to get to court NOW and show normal is with you and child this upheaval is bad for your child. If you have to wait that upheaval will have passed in the courts eyes and the moving him back is the upheaval. They won’t care your ex did this the wrong way if ultimately changing it back is going to cause more upset to the child.

you can say in your emergency application you are not blocking contact and encourage child to have relationship with dad but you need the lives with order to protect your child from this uncertainty and being blocked from his relationship with you.

im actually livid your solicitor gave you the c100. Disgusting probably hoping to get months of money out of you having a big court battle when an emergency application would have been straight forward and paid them less

aparent on the bc can unfortunatly just change a child school my dsis has been through this the school annot stop them

as for if the child wants to a jugde will have to be involved at age 9 its borerline but you need to go to court get another soliitor if you have to

5 weeks! I don’t understand why you didn’t immediately collect your son from his dad’s house or the new school. Of course you have every right to bring your child home. It also sounds as though your current solicitor should be replaced with someone more proactive and responsible.

Just go to the school today, explain very calmly that you are there to collect your son. Be polite and friendly and speak with confidence, as though you expect them to accommodate your request. They have no reason to refuse to allow your son to be released to you.

Op, two and a half weeks ago you were talking about upping and leaving, moving to Scotland. This is in the time frame you say your boy has been gone?

Contact social services??

If there is no court order in place then they can’t stop you. You have parental responsibility.

OP please get a new solicitor! Have you evidence of his drug and gambling addictions? if you have and they created a situation where you or the children were victims of any form of domestic abuse, it should be enough for a temporary non molestation order which is like a restraining order. School is a tricky one, as they do not know you and I don’t know if his birth certificate would
be enough proof. For them it’s safeguarding if someone they haven’t met tries to collect a child. I would call and get an urgent meeting with the head of the school and take all your evidence. Your ex hasn’t got any paperwork to show you
cant have access to your child which is good, but you need to push the legal route as quickly as possible!

I hadn't realised its been 5 weeks since he took him. @HollyAnnLee , you are not telling us the full story. Didn't the solicitor advise to get an emergency hearing?. It doesn't add up.