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Hi Everyone
Yesterday I collected my 3 year old daughter with the intention of having her overnight, her Mum later on in the day asked me to return her to which I said no as i was having her over night.
Her Mum then proceeded to call the police, the police called me and visited and said it was a civil matter and they would tell my ex the same... She mentioned to the police on the call she thought my daughter could be in danger due to my 'mental health issues' (I suffer from depression but of what relevance that is I am unsure)
The original plan would have been to return her today, but I have not done this as no doubt contact would be stopped completely. Around 12 months ago, my ex made allegations to the police that i beat my 2 step children and an assault on her also... These allegations were completely fabricated and were retracted a couple months afterwards, but not before social services were involved. The police yesterday ran a check with social services, who advised they have no reason to be involved.
My question is, I presume that she will now visit a solicitor... Could she file for a prohibited steps order or rush things through quicker to take my daughter away due to these historic and completely unproven allegations? At this moment in time, I have taken the stance to keep my daughter in my custody as cannot bare the thought of being cut out of her life once again.
Any help or advice is much appreciated.
Thanks Guys
Can she make an emergency application based on lies? I am on the understanding that i wouldn't know about any hearing If she could and would just find out the outcome?
Yes I'm afraid she can and it's likely, as your daughters home is with the mother, it can happen as soon as today. This is called an emergency ex parte order and a court would order her return and then you would be given the opportunity to argue your position in court later on.
My advice is to contact the mother and agree to return her, then start the process to get a proper schedule of contact in place via mediation, if that fails, a court application for a Child Arrangements Order.
I understand how difficult this must be for you, but if you keep hold of her until you are forced to give her back it will be more upsetting for you both. You're probably right and the mother will now withhold further contact, so your best bet is to start the process immediately, on your daughters return home.
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