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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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hi what can i do if a friend of mine which happen today was

Customer Question

hi what can i do if a friend of mine which happen today was due at oxford family court hearing about her ex how came and took her little son which she had a custody order against him the police have done nothing about it then today she should have gone to oxford court as he turn the tables on her but as she had court order on him how can this be only problem was she never turned up as she ended up in aylesbury so did not get there and the court gave him full custody so she can not get her son back just because she missed the hearing what can she do as she has not put her say about this just because she ended up at wrong place she is so up set as this has been going on for three months now

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.
Why did she not make it to the hearing?
Clare
Customer: replied 2 years ago.

hi she was late because for reason went to wrong place should have gone to oxford but ended up in Aylesbury when she phoned in to say they told her it had finished and her ex was awarded custody what i can not get my head round how come the custody was turn round and put on her as he came into her home did some damage police was called he got her son she had court order against him and police just said it was not there problem she had been abuse from him for long time

Expert:  Clare replied 2 years ago.
Hi
How old is the child and when did the incident happen
Clare
Customer: replied 2 years ago.

hi he is 11 going 12 this was about 2 and half months ago she very good friend I fill like I got to do some thing for her the split up 5 years ago the was one time he course he bodily harm and had to go to hospital he did go inside for that so unfair what has happened just fill that i need to do some thing to get her son back its breaking her last night she was cry her eyes out as it is Christmas first time she can't see her son

Expert:  Clare replied 2 years ago.
Hi
Where does the child wish to live - and exactly how did she manage to be at the wrong place?
Clare
Customer: replied 2 years ago.

the child would like to live with his mum but he is frightened of his dad on what he will say as he sends lots of not very nice text messages to her the reason she ended up in the wrong place was her satnav went down and she went on auto pilot on the m40 motorway that way the ended where she did wish i went with her now as would have got there then can't change back the clock

Expert:  Clare replied 2 years ago.
Hi
Had there been a CAFCASS report.
Was this the first hearing.
What contact does she have with her son?
Clare
Customer: replied 2 years ago.

hi no this was first hearing she had of this matter and she been trying to see her son but he will not let this happen the hearing was this week for this case i think report was done but will have to ask her

Expert:  Clare replied 2 years ago.
Hi
May I ask where your friend lives?
Clare
Customer: replied 2 years ago.

hi she lives in high Wycombe bucks and yes there was a report done and this first hearing to this this case but her ex did try for custody two years ago but was turned down do hope you can me look at this many thanks Darryl no is *********** /p>

Expert:  Clare replied 2 years ago.
Hi
How long has she lived in High Wycombe?
Why did the boy move to live with his father?
Clare
Customer: replied 2 years ago.

hi she been there for five years the reason her son moved in with ex was no choice as her ex brook in one night smash lots of things up ie like her lap top and took her son police was called he turn it round saying she was going to kill her was on drugs and drug all over the place this was not the case

Expert:  Clare replied 2 years ago.
Hi
For clarity her ex took the child three months age saying that she was on drugs is that correct?
In addition she has lived in high Wycombe for five years but was not able to get herself to Oxford to attend court?
Clare
Customer: replied 2 years ago.

yes which she is not she did go through that about 5 or 6 year but been clean for 5 years which was his doing as he use to knock her about

Expert:  Clare replied 2 years ago.
Hi
Who made the Application to the Court?
Your friend or her ex?
Clare
Customer: replied 2 years ago.

her ex did she only found out when she got letter though the post

Expert:  Clare replied 2 years ago.
Ho
So what did your friend do about the fact that her son had been taken away?
Clare
Customer: replied 2 years ago.

she try to get her son back but her ex hiding him moving around when then police did catch and arrested him she ask the police to let her no before letting him go so she could get her son back but that was not the case the police said there was nothing they could which i find hard

Expert:  Clare replied 2 years ago.
Hi
I am sorry I am not sure I understand that.
When did she find out where the child was?
Clare
Customer: replied 2 years ago.

think it was about 2 months down the line and that's when she found out the school he started she contacted the school asking how he was doing but the school would not tell her as she was not on the list of parents then that night as the school told her ex he give her abuse on the phone and text messages

Customer: replied 2 years ago.

what can she do in my eyes the police and court are in the wrong here break my heart even tho she is good friend to see her how she is which is loose weight just breaking down all the time

Expert:  Clare replied 2 years ago.
Hi
How did she find out which school the child was at?
Clare
Customer: replied 2 years ago.

think in the end her ex did tell her but would have find out on that one

Customer: replied 2 years ago.

and i think her son did contact her in the end by text to

Expert:  Clare replied 2 years ago.
Hi
Ok thank you for that.
I have to be very blunt.
It is unlikely that the Court will accept that it was reasonable for your friend not to have been able to make the Journey from Oxford to High Wycombe without getting lost - and the fact the application was NOT for the return of the child to her care.
However your friend can make an application herself if she wishes for a Child Arrangement Order starting the process all over again
the form she will need is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

many thanks for your help i will print this off and give it to her if need your help ie your services which i am happy to pay for how can i contact you apart from here try leaving my no but that was blocked thanks again i think we will be talking again darryl

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - and feel free to ask for me at any time
Clare

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