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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 725
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My sons partner has just vanished taking their 2 year old son

Customer Question

My sons partner has just vanished taking their 2 year old son with them , we have called the Police who say she is safe and so is my Grandson .
it was clinically done and we strongly believe she has gone to some sort of Womens refuge .
facebook deleted , phone disconnected no trace at all .
her immediate family are claiming they don't know where she is either .
its now been 5 days and we still no nothing and have no contact .
I want to make sure my son is doing everything possible can you advise please as he is devastated and wants access to his son etc .
Submitted: 11 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 11 months ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about what has happened.
Please may I ask:
- was your partner having regular contact with his son before the mother left?
- does your partner live with you?
- is the mother likely to allege domestic violence against your partner?
Kind Regards
Caroline
Customer: replied 11 months ago.
I am writing to you on behalf of my son
my son has been living with her for 4 years, he came home from work on Monday and she had gone , no warning signs nothing .
They were all living together
There has been no domestic violence but we have to assume she is capable of saying it
Customer: replied 11 months ago.
She has definitely had professional help because when we reported it to the Police they came back to us within the hour to state she was safe and so was my Grandson , they said had an agency had confirmed this . theres no way the Police could have found her in an hour
Expert:  ukfamilysolicitor replied 11 months ago.
Hello
Thank you for your response.
My advice is that your son needs to make an application to the family court for a child arrangement order.
Technically before any application can be made to court a referral is suppose to be made to family mediation service otherwise the court can reject the application. In reality as your son does not know where the mother is it is likely that the court will accept the application without mediation but I would advise that you ring a local family mediation service to you and explain the circumstances. It is likely that they will sign the form that you need for court quickly.
There are lots of mediation services and there will be one local to you. Just google family mediation in your area and give them a call.
An application to court can be made on Form C100. This is a link for you:
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2253
Your son needs to ask for a child arrangement order so that court can decide how often the child should see his dad and make an order in these terms. If the mother breaches the order the matter can be returned to court and she can be sanctioned.
Your son needs to explain in the application form that he does not know where the mother has take the child.
The application should be sent to his local family court in the first instance. The court will be able to locate the mother and this case will be listed for a first hearing and the mother will have to attend.
This will help you find your local family court:
https://courttribunalfinder.service.gov.uk/search/
If the mother has moved out of the area then the case will likely be transferred to the court whereby she is now residing with your grandson.
The court fee is £215.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work.
Customer: replied 11 months ago.
Can you also advise on the below please
a) what difference would it make if she is making false allegations of domestic abuse
b) How long will the above process take
c) what other things should my son be doing now to protect himself in the event this turns into a full blown legal issue, should he keep diaries or anything else that will help his case
Expert:  ukfamilysolicitor replied 11 months ago.
Hello
1) if domestic abuse is alleged this doesn't necessarily mean that the court will think that your grandson will be caused harm by his father. The court may decide to have a hearing known as a Fact Finding to determine what is true. It may quite well be that until the court decides the issue that contact be supervised either at a centre or by a family member.
2) these types of proceedings are normally finalised within 20 weeks. The emphasis is the quicker the better. If there is a fact finding this may be a bit longer.
3) your son needs to be as honest as possible. diaries will help.
Please do not hesitate to ask if I can assist further.
Kind Regards
Caroline
Customer: replied 11 months ago.
a) does this mean he could go 20 weeks with no access to his Son
b) are there no charges we can bring against her ? this is an outrageous thing to do , its not good for the childs welfare and if my Son had done the same im sure he would be hunted down and arrested for abduction ?
Expert:  ukfamilysolicitor replied 11 months ago.
Hello
A) before the first hearing a Cafcass Officer will speak to the mother and also your son. Cafcass will also be at the first hearing. If the mother does allege domestic abuse then the court might want to consider that further. If this happens then supervised contact can still be agreed whilst matters progress. If your son has always had a good relationship with his son then the court will recognise this and will see that maintaining relationship is in your grandsons interest. Whilst contact might start off supervised in the proceedings it will progress.
B) sorry but this isn't a criminal matter. That is why the police have not taken matters further. The correct forum for this case to make decisions about your grandson and who he lives with and spends time with is the family court. Your son needs to make his application ASAP to get things started.
Kind Regards
Caroline
Customer: replied 11 months ago.
Can you please confirm who should submit the form to the courts ? can I do it or does it have to be a solicitor ?
Expert:  ukfamilysolicitor replied 11 months ago.
Hello
You don't have to instruct a Solicitor to submit the form.
There a lot of litigants in person because legal aid has been withdrawn.
The form would need to be signed by your son as it is his application.
Please don't hesitate to ask if I can assist further.
Kind Regards
Caroline
Please kindly remember to rate positively
Customer: replied 11 months ago.
Should we as a family keep asking her relatives and her ex husband for any information they may have , or could this go against my son or be interpreted as harrassment
Expert:  ukfamilysolicitor replied 11 months ago.
Hello
Be cautious...
By all means make a simple phone call but if you hit a brick wall then leave it at that and let the family court resolve this.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 11 months ago.
Please kindly remember to rate positively so that we receive credit for our work. Your question will not close when you leave positive feedback and I can answer your follow up questions for free. Thank you

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