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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1364
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have a male friend who is wanting to go to take his 2yr

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i have a male friend who is wanting to go to take his 2yr old daughter from his ex wife's custody and bring her to live with him and her 3 and a half yr old brother. there are no court orders in place. the mother is temperately living with her parents
as she has been unsettled and moving around for over a year. there has been occassions of abuse and neglect to the children from the mother and her boyfriend. who has been found to have a court order that prohibits him from being unsupervised with his own
children. will he get in trouble if he were to simply take her out to the park and then just not return her. and to simply say you can come and see both children at his home with him there??
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties that your son is experiencing with his ex.
I would be concerned that if he just took his daughter then his ex might seek an urgent court order for her daughters return and this could put your son in the back foot.
My advice would be to get your don to report all his concerns to social services. If they are so concerned they may place your grand daughter with your son.
I would also advise your son to go the legal route and ask a court order to confirm that his daughter lives with him. Your son should first refer the matter to mediation. If that doesn't lead to agreement he should issue an application at Court. Form C100. Send to local Family Court. Court fee is £215 - although dependant on his circumstances he may be eligible for a fee remission - see Form EX160.
If matters become urgent and his daughter is at risk then he can bypass mediation and make the application straight to court.
Kind Regards
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Customer: replied 2 years ago.
he has already reported things to social services and they have said that they are fine and have no concerns after one visit with the mother at the flat of her boyfriend where she was living at the time. she is now living with her parents again having been turfed out the first time after a fall out with her own mother this january which resulted in her giving their son to the father. what grounds could she use to seek a urgent court application should he go ahead and do this??
Thank you for your response.
Given the position of social services - your son is going to have to refer to mediation first.
The Court will likely order a full report to be undertaken in respect of your sons concerns and they can use this report to make an order that the court considers is in the child's best interests. This report will be a more thorough piece of work than the safeguarding enquires that have been undertaken by social services to date.
Kind Regards