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Thanks all,
Son never went for mediation, however, Mum has now applied to the courts. She has texted my Son saying to look out for a letter from courts in a few days time.
There is a huge file against her section 7 reports and lots of other info(all backed by social services, who also stood as witness for my Son).
We are not worried as she has to give info of any court orders already in place to the courts anyway!
The one thing I'm a little concerned about is that my son has done a couple of days cash in hand work a few times. he is on universal credit, they get part housing benefit and pay part rent. He does work part time(this is declared and also sometimes he does overtime, also declared, rent and benefits adjusted according to this) The Mum is hiring a solicitor, I'm worried the undeclared income from last year he did a couple of times will go against him if the choose to drag everything up. although it cannot be proved.
Unless he's told anyone then who is to know?
I can't see how this would go against him, and in fact the courts don't like child contact or custody matters to be about the financials, so if she drags this up, I can't see that the courts would be too happy with her for doing this.
Court won’t even look at anything regarding financials in a child arrangement hearing simple as that . My ex tried to bring up numerous things finance related at the hearings for child arrangements and they were all completely set aside without a second glance
hi,
my ex did same, crying about maintenance during CAO hearings. my barrister just told me to get her account details and start paying.
Hi, Here we are again. My Son has full custody of his Daughter since 2016 Court Order is Mum sees her every other weekend from after school till 4pm Sunday and shared school holidays. I drop her off. Her other Grandma has been dropping her back.(it's 110 mile round trip) Anyway we had grief during school hols as Mum messaged and said don't collect her as she has covid(lies).I was 5mins away from her house. I collected her anyway as I had been in contact in the car with her. there was nothing wrong with her, but got a covid test anyway, which was negative.
This weekend just gone, I dropped her off Friday after school as usual. On the Sunday, they messaged and said She won't get in the car and She's not coming back. We called the Police who said cannot do anything and told us to go and get her. We drove there again last night. They are refusing to answer the door and shouted out the window "She's not coming back" They won't let my Son speak to her... Called Police again, who said have no powers to do anything!! What can we do? He is calling the courts today. I also add that she is not staying at the Mothers house, she is at her other Grandmothers house. Can they keep hold of her like this? What is the point of a court order if they are doing this. They have also called Soc Services and Childline, Saying she doesn't want to go home.. HELP!!
Firstly your child would need to be in school . This would be non attendance ( mum responsible). I would phone school up and say childs mum has failed to return your child so cant attend school. Then it would be a phone call to social services who are aware of previous incidents explaining to them what has happened calmly and you are concerned also your child not attending school. Then an emergency court hearing highlighting all concerns you have and that your child has not been returned.
Social services should be very concerned as well as they had issues with her being in mums care but not in your sons also previously.
Dont phone up any professionals and say your daughter doesnt want to go home it should be mum is refusing to let her go home . You need to get it across that mum is stopping her not that your daughter is refusing
thank you, we have made the school aware. One of the reasons she lost custody was failing to send her to school.
You should go for emergency hearing and a c1a form alongside ..not attending school and whereabouts undisclosed and concerned about her wellbeing. Social services have been involved in past and you are resident parent and child is suffering emotional harm
The Police told my Son to call the court that made the original order and quote the case no. to get an emergency hearing. Does anybody know if this would be of any use and correct(He's tried to call but continuously on hold) or would they just tell him to fill out the C100 forms anyway. Every time we have called the police, they never seem to have any idea what to do. many thanks.
Hi,
the police do not like to get involved as its a civil matter. If the court order gives police powers of arrest, then they would act on it. I imagine the courts are not very efficient right now due to remote working and covid. Phone calls will probably be a waste of time.
As warwickshire suggested, apply for an emergency hearing with c100 and C1a form. this can be done online. Your application is only processed once you pay the £215 fee. If courts are open near you, it is better to pay in person. otherwise you have to wait for them to phone you and take payment.
yes thats a good idea. if on phone and on hold leave it on loudspeaker whilst son does something else at same time.
Also keep ringing school and updating them on whats happening every so often and ask if all the non - attendance has been reported to education authorities as you are very concerned its affecting her education
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