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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Mum is showing signs of irrational behaviour threatening to

Resolved Question:

mum is showing signs of irrational behaviour threatening to remove 14month old child so nobody can find her child is with her father at the moment and social services are involved they say that if child is returned to her mum they will apply section 47 rules but the fathers feeling is that if the child goes back at the moment she will be in danger so he has been advised to seek an emergency residency order
advice please
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
It seems that, given the concerns, the Local Authority will need to carry out an investigation and assessment under Section 47. This will make recommendations regarding the placement of the child.
If the father wishes for there to be a prevention of the mother removing the child from his care, it is correct that he can apply for an urgent order - initially for a prohibited steps order to prevent the removal of the child from his care by the mother as well as a child arrangement order for the child to live with him (previously known as a residence order). The prohibited steps order can be granted on an urgent basis and the child arrangement order can be dealt with later as this would be more contested. He can apply for both orders on one application, form C100 and a £215 court fee to his local family court. If there are child abuse concerns, or domestic violence concerns he will also need to fill in a C1A form.
Please let me know if you have any further questions regarding this.
Customer: replied 1 year ago.
I am sorry but you did not really answer the question as to how we go about getting the residency order so i am not satisfied and i feel i have wasted £26
Expert:  Harris replied 1 year ago.
In order to apply for a residence order (these are now called child arrangement order for the child to live with you), you will need to follow the same process as stated above - namely, to apply to your local family court under Form C100 and a £215 court fee. If there are child abuse or domestic violence concerns a Form C1A is also required.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
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