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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33494
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My grandaughter has been to see her dad. Went 11:00 yesterday

Resolved Question:

My grandaughter has been to see her dad. Went 11:00 yesterday to be returned at 6:00 this evening. My daughter has never known his address, he refused to give it to her. This is a verbal agreement between both parents.They were never married. There is another child who usually goes to see dad as well but he didn't want to this week. At about 4:30 this afternoon the father text my daughter to say he would bring child back at 5:00 (he does this often even though the agreement is 6) daughter text back to say wont be home until 5:30, her ex went off on one, demanding to know where she was and saying she had 4 mins to get there. He has since told her he wont be bringing daughter home, he is reporting her to police and ss for being a bad mother, keeping her with him and finding her a new school. My daughter is not a bad mother, she has nothing to hide. She has called the police, they are having problems finding his address. She is beside herself with worry. Where does she stand legally?
Submitted: 2 years ago.
Category: 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.
How old is the child and is the father named on the Birth Certificate?
Clare
Customer: replied 2 years ago.

she is 8 and yes he is

Expert:  Clare replied 2 years ago.
Hi
I assume that there is meant to be school tomorrow?
Clare
Customer: replied 2 years ago.

yes

Expert:  Clare replied 2 years ago.
Hi
Is he likely to take her to school?
Clare
Customer: replied 2 years ago.

He has now text to say he will be bringing her home in the morning. He would not take her to school he has no school uniform. Because of all this my daughter now feels she cannot trust him. The police said there is nothing they can do without a court order. looks like that is the way to go. She will go to cab in the morning. Don't think there would be much more you can add to this. Sorry. I cannot stay on line any longer. I have work in the morning . It is getting late.

Not sure what I should be doing now I want to end this communication please.

Expert:  Clare replied 2 years ago.
Hi
The fact that the child will be returned is the immediate good news.
However your daughter is correct - she cannot risk this happening again
She has two possible ways forward.
The first is to try and discuss matters with her ex using Family mediation
www.familymediationhelpline.co.uk
to agree a parenting Plan.
Frankly this seems unlikely to be successful
Her other option is to rely on what has happened and make an urgent application for a Prohibited Steps Order confirming that he cannot remove the children form your care; and a Specific Issue order requiring him to release his address.
She can also apply for a Child Arrangement Order setting out what time the children spend with him.
She can make the application herself - more details here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
http://www.jordanpublishing.co.uk/system/uploads/attachments/0006/9047/C100.pdf
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33494
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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