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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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my ex partner has a contact order which was set up in 2008.

Resolved Question:

hi my ex partner has a contact order which was set up in 2008. this January he decided not to bring my son home from a weekend visit stating my son doesn't want to see me nor ever come back,i have not seen my son since ,I have texted and rung his dad asking to speak to my son [ 11yrs old] but either no reply or being told he doesn't want to speak to me ,I have contacted a solicitor but at 150 per hour is beyond my means , my son was removed from his school and his home city without my consent , thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you know what school he now attends?
Clare
Customer: replied 2 years ago.

hi yes that information I found out yesterday and discovered im down as 2nd contact should emergency arise,but that was all the school could tell me,but by coincident my son rang me too and blankly told me his happy and doesn't want to see me as I let bad things happen to him which was not true[ my elder son baby sat whilst I worked and my 11yr old would slap him ,and my eldest would eventually slap back ,but within 5 mins they would be sat playing games together on ps3 ,but on the weekend my son left he recorded my elder son slapping him back but leaving out what he done first,] my solicitor suggested it was a set up has my youngest had been acting odd for a few days before hand and it caused me to leave work early on the evening of going to see his dad as my son just kept smirking and saying il see you soon,instead of saying I love you mummy,

Expert:  Clare replied 2 years ago.
HI
How far away has he moved?
How old is the elder child?
What is the longest he has been away from you before now?
Clare
Customer: replied 2 years ago.

hi his moved about 20 miles away to another town which im not famiular with and my eldest child is 20 yrs old, and the longest his been away with his dad for is about 3 or 4 days but no longer,his school at present has contacted me again to say his behaviour is bad and at the moment his on holiday without there permission, many thanks

Expert:  Clare replied 2 years ago.
Hi
What have they actually said about his Behaviour?
Clare
Customer: replied 2 years ago.

hi as I was at work my eldest son took the phone call ,but the message I got was that his behaviour is bad thou up and down at times ,but his head of year apparently seems to be too busy to reschedule a telephone meeting with me due to the easter holidays,

Expert:  Clare replied 2 years ago.
Hi
The option that is available to you is to apply to the Court for the return of the child to your care.
At 11 your sons wishes are of great importance and generally that would mean that it would not be worth it HOWEVER the evidence from the school suggests that your son is at the very least confused and that the school are concerned about what is happening.
accordingly I suggest that you make an urgent application to the court for a Specific Issue Order that the child is returned to your care- and to his old school while the court makes a decision about where he should live in the long term.
You will need to use a Form C100 available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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