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Not returning a chi...
 
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[Solved] Not returning a child

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Posts: 8
Registered
Topic starter
(@Avi1987)
Active Member
Joined: 5 years ago

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 ?

9 Replies
Posts: 5420
(@dadmod2)
Illustrious Member
Joined: 6 years ago

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.

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Posts: 8
Registered
Topic starter
(@Avi1987)
Active Member
Joined: 5 years ago

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

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Posts: 2831
 Yoda
(@yoda)
Famed Member
Joined: 10 years ago

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?

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Posts: 8
Registered
Topic starter
(@Avi1987)
Active Member
Joined: 5 years ago

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

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