[Solved] refused any contact seein or speaking with my son

Hi there

This is a very distressing situation for you, but to be honest with you 7 months has gone by since they took him and this may have set a precedent as far as getting him returned is concerned.

Are you in contact with the mother at all? How old is your child? How long was he with you before he was taken by his mother?

There are things that you can do, which your solicitor should have advised you about.
If you can get back to me with more information I will be able to tell you what you can do next.

All the best and stay strong

hi my son is 10 year old and he was with me for 4 months before his mother did what she did he refused to go back to his mams as her older sons were bullying him so he stayed and i got him in school and improving fast to get at the level he supposed to be as he wa sso far behind he was a year below standard this was due to his mam changing schools 4 times in 5 years ive had no contact at all with his mother or my son at all i asked my solociter to get this in court asap but there just done nothing in 7 months all ive had back of the solociter is still no reply from social services i did say he didnt have a social worker and thayts all reply i have had i even applied for reduction on the cost of orders by the court and there have done nothing i have said he is over 300 miles awy not in the same town really could do with advice on were and what to do

Have you contacted social services where he lives? Do you have a contact address for the mother?

If you want to check that he is ok, you can ask the police where he lives to do a welfare visit.

Your solicitor could have made an urgent ex parte application to have him returned when it first happened, it could have seen you in court in hours.... it's such a pity. I would certainly make a complaint to the solicitor and then to the SRA if you get no satisfaction.

If you have the address, you can make an application to the court for an urgent, ex parte Child Arrangements Order to have him live with you, there are no guarantees and the fact that it has taken 7 months to get it to court will take some explaining... that's the reason to make your complaint to your solicitor in writing asap.

Because it's an urgent application, you don't have to attempt mediation and an ex parte application means that they won't contact the other parent until after the hearing.

You will need form C100 to apply for him to live with you, also on the same form you can apply for a Prohibited Steps Order to prevent his removal in future. I would also advise that you submit form C1a to tell the court about the risks to your child and your serious concerns for his well being. The court fee for this is £215

If you are in receipt of benefits, or on a low income, you may be entitled to a part or full refund of the court fee and you would need form EX160 to claim for that.

You would have to explain that you instructed a solicitor to get to court asap and have been fobbed off and are now desperate for your sons well being, having heard nothing from the mother. That at the time, social service advised that he was to remain with you.

Take the forms in person to the family court and explain why you need an urgent application, hopefully they will agree, but you must impress upon them that you weren't aware you could do it yourself and have been going out of your mind with worry for your son, waiting for your solicitor to act.

All the best

Hi

Mojo has given you good advice & there are steps to follow there.

However, I doubt a judge would hear this as an urgent hearing as you have waited too long in my opinion.

Didn't you make a court application when your son first refused to return to his mother? At age 10, his wishes and feelings would have been heard at the time.

Hopefully you can get a welfare check and start proceedings for contact at the very least. I doubt an application for residency would be successful.

It's very sad that your solicitor didn't act immediately, they were negligent in my opinion, Yoda is most likely correct about doubts that an urgent hearing wouldn't be appropriate, because of the length of time that has passed, but you could try.

Even if it wasn't allowed, you would still get a hearing, but they would move it up to a court near to where your ex lives and you would have a wait of a few weeks before it got to court.

Have you contacted his school, they should be able to tell you how he is and whether there are any problems.. Also, with a welfare check, the police will speak to your son, so at least he will know that you are still trying to see him.

All the best

ive had the police do 3 wefare checks on known addresses and there response was that not at any addresss but there believed that thee occupants knew the werabouts of my son but without a order saying that any persons who know were he is have to disclose this there cant do nothing more social services have said there dont have no involvment in my son so as it stands i dont know what school he goes too she has nt put no pictures or any thing on facebook in january i got a letter of legal aid granting me lkegal aid and to show the court as proof so i gave it to my solocitor and i thought that it was going to be in court straight away yet nothing when i ring she never in no callback no email nothing and i got a ltter in march with 1 senntence in it still waiting for gloucester social care to reply which i found insulting considering i said in january no involvement with my son this is why it took so long i have left loads of messages and nothing i cleaerly picked a inept solocitor with no family law info i know the length of time it has took as probablky lost my chance which breaks my heart i have a bit of info on orders and i arranged discount of the price myself and still nothing the orders were prhoibited steps and disclourse of the wereabouts of the child so all of that was a waste of time i ferel like just trying tio find him myself but i know that she will get me arresed by saying i was harrasing her sio i will not give her the oppirtunity to do that my son told his mam were he was wanting to live andshe knows a court will take his views in consideration i also blame myself for not gettting a order when he came too live with me and i wouldnt be like this

You can submit an application for a seek and find order and you would need form C4 to do that.

Its not in your boys best interests to cut all contact and he will be missing you, just as much as you miss him.

The seek and find order can ask a bank or even the child benefit office for her address, or if you know where any of her family members live you can also give that information to the court to assist with finding their whereabouts.

It might be helpful for you to attend a Families Need Fathers meeting, hopefully there will be a meeeting in your area. Heres a link to the website where you'll find details of meetings nationally.

www.fnf.org.co.uk/help-and-support-2/local-branch-meetings

You will be able to speak to others in a similar situation and get practical help.

Best of luck

Get a seek and find order put in. As mojo said, the court have powers to link with organisations and agencies who should be able to locate them.

Have you tried the Local Authority in the area you think they are? You might be able to find out if he has been registered for school for example.