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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
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 partner has travelled abroad and left my daughter with her

Customer Question

My partner has travelled abroad and left my daughter with her sister. I have been to the sisters home to take my daughter but she refused. Police said it's a civil matter and they cannot remove my child from the sister without a court order. What are my rights and what can i do as a matter of urgency to get my 11 month old daughter. She has my surname and I am on the birth certificate.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you
The police are incorrect - you are the only person legally entitled to have the child in your care and the aunt has no right to refuse to hand the child to you - in fact technically her failure to do so amounts to abduction.
This assumes that there are no Court Orders in place dealing with who the child lives with
If you wish to take action immediately you can go to the local Police Station, speak to the Senior Officer and ask him to send an Officer with you to collect the child
If you are willing to wait until tomorrow then you can go the Civil Court route and make an emergency application to the court and seek an Order that the child resides with you until the mother returns to the UK
Once you have the Order you can ask the police to escort you to collect the child.
Please ask if you need further details
Customer: replied 3 years ago.

i just got off the phone to kent police and they told me to contact social services. They said they don't normally get involved with family law. What other options do I have?

Expert:  Clare replied 3 years ago.
No it is not a matter for Social Services, nor is it a matter to deal with on the phone - you needed to visit the station, speak to the Senior Station Officer and ask to be accompanied
However given the time now the way forward is the second option set out above - the form you need is here
and the fee is £215