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Hi
My son 12 been living with me for over 12 months as order of the court, visits his mum ever other weekend.This weekend she would not let him come home or me to even speak to him.So got my order of the court out and showed the police expecting them to get him back but they said they cant.
Now told i need to get a enforcement order.From the courts paperwork being delivered something positive happening how long dose it take and what actually happens.
The problem is the longer he stays with his mother the worse its going to be for me because the courts will say its six months hes been with his mum well he might as well stay there.
Thanks
Hi there
It's shocking that the police won't enforce the order, but as its a civil order they actually aren't legally obliged to do so.
What you need to do is call the court and explain to them that your ex has not returned your son who is ordered to reside with you and you want to make an urgent no notice order for enforcement and a Prohibited Steps Order to prevent her from doing this again. If you feel she may be planning to leave with him to prevent having to return him you should inform them of that.
The court office should give you a date. For the hearing within days, but if they don't consider it an emergency then it could be longer. IF there are any risks to your son, you should make them aware of this as it will help to get this to court more quickly.
Here's a leaflet that gives more information
http://www.familylaw.co.uk/system/uploads/attachments/0000/2082/cb5.pdf
Best of luck
Ok, I've just seen your post on another thread where you can't apply as an emergency...sorry to here this. I would still give the court a call and ask them to set a date as quickly as possible.
You could, as has been suggested on the other thread, attend school mid morning with your order and take him out. As the resident parent you can tell the school not to release him into his mothers care in future, but I would advise that you apply for an emergency Prohibited Steps Order to prevent her from removing him again.
Thank you i will be seeing my solicitor in the morning
Are you going to go to the school?
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