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Hey all 6 years ago the court found in my favour and granted me a sole residency order for the last 6 years I have been accommodating with the mother changing contact and allowing extra time recently the mother has decided she isn’t going to return our daughter to me and still hasn’t 2 weeks later now our daughter isn’t attending school because she lives 83 miles away I have applied for a c79 enforcement order but I’m worried the courts will not enforce has anyone had a non resident parent not return a child ?
hi,
if the non-resident parent does not return the child, its a blatant breach of the court order. hopefully after you enforce order, her contact with child will get more restricted.
But this is the catch 22 she currently has a school transfer in progress for our daughter I have emailed the school admissions board with the current order attached but they have informed me that the application is still going ahead due to rules so by the time I get to court our daughter will have a school up there and our daughters school near me will remove her from the register so is the judge just going to say what is done is done
Hi
I have started your post as a new thread so it should be easier for others to view.
You need to attend court in person and get an emergency hearing asking for the return of the child. You will usually be seen the same day on your own and then the court will list a hearing a few days later that the mother will have to attend.
Usually the court returns the child at this point unless there are serious welfare concerns that require exploration.
How old is you daughter?
My daughter is 10 there is no welfare concerns on my side I applied to the court for a ex parte hearing but was told to go home as the application is with the gate keepers I now just have to wait till the directions hearing I did pay for some time with a solicitor who told unless there is a risk to life I won’t get a ex parte hearing west London family court is a nightmare and slow thanks yoda
that is appalling. I have never heard of an urgent hearing being denied on this basis.
Make sure you block the school application.
Tried doing that with giving the current order to the admissions team but they called back saying that they have a legal obligation to ensure every child has a school place other than going to the court and getting a specific issue order which will take same amount of time I’m all out of options I’ve spoken with social services of which the respondent is engaged with for her other kids not mine they advised me to request a section 7 but can’t give me any information however Of which I will do depending on what the judge says
hi,
sounds very tricky. maybe you should focus less on the school issue for now. enforce the order, then can sort out school issues then. maybe she is hatching a plan to fight for sole custody.
Exactly what I was thinking bill
Hope they get you a hearing listed soon.
I've never heard of an urgent hearing being refused unless the information provided to the court suggests one isn't necessary.
Perhaps chase the court on this
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