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hi guys
my son had been placed in my care by police on 08/05/21 and on 13/05 21 i applied online to court for and emergency pso and to vary order for him to reside with me due to safeguarding concerns
on 14.05 21 and it was granted but not sent out. i recieved the court order telling me i have a review hearing 06/07 and a fdhra on 18/08. i called the court to ask what the review was of...thats when they told me there was p/so in place. i asked for immediate copy on email. so due this admin error...i had not seen my son since 25th may as ex took him from school and stopped all contact
i recieved pso and took it to school.
school were refusing to give me son saying the pso is in conjunction with the exisitng arragnements so its mums day, i said no because if that was case,,,the pso is contradicting it self why say she cant remove him from school and me...if the current order lets her do that?
so current arrangement is since aug 2017. child lives with mum. i have alternate weekends, midweek wendeaday and half school holidays
pso states
The Respondent (xxxx) must not:
Remove the child (XXXXX) (dob xxx) from the care of the applicant (ME) or from any person or from any person or institution (including any nursery or school) to whom that party has entrusted his/her/their care other than for the purpose of contact agreed in writing between the parties or ordered by the court, in which event the child must be returned promptly at the end of each such contact period
Remove the child xxxx do.b xxxx from their current school.
Remove the child xxx from the united kingdom
does that mean she must not remove him from the school and me on my day of contact (as the school think) or not at all as there are no new court ordered arrangements
is it implying the original order is set aside...otherwise whats point saying...mum shouldnt remove him from my care or school on my day of contact...which shouldnt be happening anyway
confused.
i called courts but the guy on phone said he cant clarify and i have emiled in but school are being awkward and taking mums side so need clarity asap
I read it as contact goes ahead as normal , but theres a pso preventing her from turning up to school when you are supposed to have them. ie before you pick them up she shows up 30 mins early. Normally school would let mum have kids , your order states that she cant if its your day
i managed to get through to courts today ..spoke to someone different than yesterday who was more helpful
she said the p.s.o superseeds any existing arrangements as it stops someone doing something...not let them carry on as normal, so my current order states child lives with mum and i have contact as per schedule
this states mum must not remove him from my care or from school, and the part she said about court ordered contact she stated that means that mum must return child to me after any court ordered contact...i.e that may be ordered after the pso so meaning child must remain in my care and can only have contact with mum if agreed by us both or the court orders it, until court says otherwise.
she said that it cannot be enforcing that one part of the order that mum must not take him from school (only) on fathers days as it would have used words to that effect and she said it would not have said must not remove him from fathers care if that was the case.
I got her name, emailed the courts too for clarification so il go with that . makes sense to me
Hi
I think you should obtain legal advice as I'm not convinced the school or anyone will listen to the word of 'someone' at the court.
A PSO only prohibits something it does not define the arrangements in relation to the child. That is a Child Arrangements Order. Logically it doesn't make sense for a PSO to supersede a CAO otherwise why would everyone go back to court to vary a CAO rather than just apply for a PSO? If you have a CAO then the PSO would compliment it and run alongside it (if it conflicts then it is poorly worded and needs to be re looked at by the court) if there is no CAO then both parents have PR and you would need to obtain a CAO to define and legally confirm the arrangements and provide that to the school.
All the best.
i see what you mean. its preventing him from being removed from my care or from school
the original order stated he lives with mum and i have contact. so if it states he cant be removed from my care..how can he live with mum? then. hence why the court said it supersedes it. and any new contact arrangements from court or agreed by parents will apply, until the review hearing 06/07/21
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