[Solved] Advice needed urgently.

May not help but I wonder if you could get an emergency interim residency order this will help as at the moment obviously your ex is using the fact that no order is in place ,

I would be looking for the emergency interim order how annoying they didn't already do this to stop her doing this to your daughter it's not right to be a tug of war - not saying that's what you are doing, just that her mother has put her in that position

I feel she is talking a load of C**p about seeking legal advise - I bet she starts to contact the child benefit ,tax credits as that is likely her motive for keeping her - sorry I am bias now about these woman as my ex is so money orientated

best of luck I am sure others with a lot of knowledge and experience will be able to help

eric

She's using the fact that the original residency order from 2011 has not, as yet, been over-turned. She interpreted the court-hearing to her own devices. There's no way a court would disregard the in situ safeguarding sanctions and allow her to keep my daughter.
No need to apologise about the assumption of her being money-orientated as child benefits etc is the first thing she mentioned her "solicitor" advising her about.

Hi there

Firstly call the court and tell them what has happened, they are usually very helpful, especially when there are risks to a child. I would also call the police in Darlington and speak to them, again it's a matter of safeguarding.

Ask the court if you can get back in to get an interim residence order written up until the next hearing, or alternatively bring the hearing forward for urgent new directions. You could also ask, as there are safeguarding issues whether a return to court could be arranged as an urgent no notice hearing. This means that she would not have to be notified of the hearing and the court would then issue an order in her absence.

The fact that your daughter has been with you since September 2013 will be a strong factor for the judge when deciding residency and you need to drive the fact home to the police in Darlington that she was removed for her own safety, their are sanctions in place and she has been settled with you for almost a year and this will be distressing for her.

If she has a solicitor there should be information in relation to this on the court forms, when you telephone the court you can ask them if they can give you this information. The police won't be able to help with this. Have you received any letters or paperwork from her directly since the start of the court case? This would indicate that she is self repping.

As Eric says the court should really have given you an interim residence order to prevent this from happening. Do you have any paperwork concerning the removal of your daughter and her placement with you ? Anything about there being sanctions as far as supervised contact is concerned? You may need this to show the Darlington police.

I have now filled in my application for interim residency and will be filing it with Stafford County Court at 10am tomorrow where I am hoping to have a judge award the order there and then (or at least on the same day). I have also filled in my E160 for fee remission and also, as advised by both a court officer and a social worker, a C1A form as there are significant concerns held by Darlington Social services for my daughter's safeguarding.
If I get this order, I can then go to Darlington, with the police, and remove my daughter and then be within my rights to refuse her mother any further contact other than phone calls.

I understood the outcome of yesterdays hearing was that interim residency was with myself but my ex has interpreted it differently and, frankly, with all that's been said backwards and forwards, I have started to doubt what was actually said in court (although I find it hard to believe that any court would place residency with a parent with the aforementioned safeguarding concerns).
I have rang the court to clarify the outcome but, as Burton-on-Trent Family Court is only a satellite court, the required information has been sent to Stafford and Stafford will not have that information until at least tomorrow afternoon, by which time I will have filed my application at Stafford and, hopefully, have the outcome that I desire.

In addition to my various forms, I am to complete a statement with regards to why I am asking for an urgent order to be put in place. The forms have asked for brief details of that information which I have obviously given but I'm unsure of how to structure such a statement.

Thanks in advance.

Here's an attachment that should give you an idea on format

Hi, hope its ok if i give my two pennies worth.

The safeguarding measures/sanctions have me confused. Are they part of a child protection plan? If so, it would be sensible to contact the allocated social worker and the CP to alert them to the change of circumstances and to ask for guidance. Are they linked to probation or bail conditions?

Ok I've had a rethink, as you don't have a case number and are going into court without the other party then it would be better just to do a basic statement, as follows

STAFFORD COUNTY COURT.
FAMILY DIVISION

IN THE MATTER OF: child's name and DOB

STATEMENT OF APPLICANT FATHER: your name

I (your name) of (full address) make this statement believing the contents to be true and knowing that it will be put before the court and that I may be examined on its contents.

Keep it brief and factual, you could structure it with headings as in the example in the attachment, or just use numbered paragraphs as bullet points.

Date and sign at the bottom. Also date it at the top right.

The safeguarding sanctions started after their initial arrest. Although they have both now been cleared by the police, the social services still have significant concerns and so the sanctions are still in place. I have contacted the relevant social worker in Darlington and she has informed me that it is highly unlikely that those sanctions will be lifted anytime soon because, as far as they're concerned, the concerns they have cannot be ignored just because the police have chosen to take no further action.
I contacted the police in Darlington who seemed less than interested in what I was saying and essentially fobbed me off with "We can't intervene unless both parents are in agreement" which begs the question, if both parents are in agreement, what need is there for the police? They did however point out I should apply for a court order which would then be enforceable and that my ex can and will be arrested if she refuses to comply with it which, frankly, I hope she tries.

UPDATE

I went to Stafford Crown Court today with my C100 and C1A - turns out that they should have told me to go to Hanley.
So, 2 hours later, I rock up at Hanley and a clerk assesses my paperwork to make sure all is present and correct.
he presents it to the judge and the judge's response is that, if I had a letter from Darlington Social Services to state that they recommend that my daughter stays with me, then he would rubber stamp it straight away.

So I ring Darlington Social Services to ask for this letter but the agent dealing with the case was on another call. I rang a few more times and she was either on the phone or out of the office but I left several messages for her to ring me.
It's now likely to be tomorrow before I get to speak to her.

As time went by, I started to have doubts.... what if there's some reason they're unable to issue such a letter? Without it, there's practically nothing I can do.

Can anybody put my mind at ease?

It's normal to have doubts, I hope that you are able to get confirmation from the Social Worker, perhaps you could ask her to email it to the judge as that will be much quicker. TBH I don't know why the judge didn't just phone her, they are able to do this.

Really all your asking the SW to do is confirm the facts here so I can't see there being a problem...let's hope that's the case.

Good luck with it today.

How did you get on?