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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 34882
Experience:  Over twenty-five years experience
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If a order has been made by the court for a child to

Customer Question

If a order has been made by the court for a child to returned to his mother is there anyway I can stop this order
Submitted: 8 months ago.
Category: Family Law
Expert:  Thomas Judge replied 8 months ago.

What does the order say>

Customer: replied 8 months ago.
Hi Thomas you gave me some advice the othe5 day pertaing to a child residence order but 8t seems the advice is some what conflicting as the court wouldn't allow the paperwork to be submitted due to an order already been made
Attached it the court order can you further assist as we would like to stop this order
Expert:  Thomas Judge replied 8 months ago.

Can you remind me of the facts as I can not access the previous question.

Customer: replied 8 months ago.
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My partners ex relocated over 2 years ago without informing him or allowing himnany contact with his son, a week ago his son made contact with him via social media asking my partner to come and get him as he wasnt happy and did not want to live with his mother, after sort advice my partner went andgot his son, when back in london he asked his son to call h8s mother to inform her of his wherabout and to let her lnow he was ok, saturday evening my partner got a text message stating that he was to attend court on monday gone but due to the short notice and the lack of info my partner could not attend tbis morning he got another text stating that the court have made an order for him to return his 14 year old son to the mother, however we have no proof of this and his son is refusing to return to his mother what can we legally do to prevent him returning to his mother
Thomas Judge Solicitor
Have you seen the court order yet?No
Thomas Judge Solicitor
OK. The he should immediately apply to the court for a prohibited steps order and a child arrangement order for the child to stay living with him and to prevent the mother from removing the child. The correct form is a c100 and you can ask for an immediate hearing. I have attached a link to a fabulous book on amazon which explains the process. You also need to be served by the court with a copy of any order and not a telephone call. Happy to discuss and please rate 4 o5 stars for my time.…All I am currently aware of is that an urgent direction case took place on Monday and the out come was for the child to be returned to his mother but he doesn't want to go
Thomas Judge Solicitor
Then as I said you have got to take the matter to court yourself for a CAO and PSO - to stop the removal.My partner has requested a report from his son school and has been refused they said due to him not being a named contact they can not provide him with his son's latest school report is there anyway around this
Thomas Judge Solicitor
Thats incorrect. As he has PR he is entitled to the information. He does not need to be a named contact. They are wrong. Please rate 4 or 5 stars.Thomas Judge Solicitor
Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. Many thanksHe has been refused so what can be do it say to the school
Sorry where to I rate u
Thomas Judge Solicitor
You can give your rating by selecting one of the five stars located on the top right of the question page. Giving a positive rating compensates the Expert for their time with you. Your Expert will not be paid until you rate the answer. If the stars are grayed out or you cannot click on the stars to rate your experience, reply to your Expert and let them know so they can adjust your question and allow you to rate.I would escalate matters within the school - speak to the head. He has parental responsibility and this is key. Not who is some named contact. This irrelevant.On compleating the form it say we havr to attend mediation we had arranged for mediation last year to which the mother refused to attend can we still submit the form to the court ?
The mediator did provide my partner with the relevant documents to bring the case to court but he didn't as he didn't wish to drag his son through the law system
Thomas Judge Solicitor
Then you should attach the documents completed by the mediator.Morning Thomas the head teacher is refusing to speak with him regarding his son what can my partner do now
Thomas Judge Solicitor
I would be minded to get a solicitors letter or make a formal complaint.
Expert:  Thomas Judge replied 8 months ago.

What is the question?

Customer: replied 8 months ago.
The court order has been attached you advised to submit a c100 to the court but it has been refused , the court have instructed to adhere to the order by returning the child which the child is refusing to do how can we stop this order
Expert:  Thomas Judge replied 8 months ago.

The court made an order for the recovery of the child at a hearing which you did not attend (you weren't told about the hearing). You are entitled to make a C100 application for the child to attend and indeed appeal this decision. But the order does seek compliance in the meantime or unless the order is varied/appealed.

Customer: replied 8 months ago.
Does it have to be done at the same court of where the order was made. As we tried to submit it to our local court but they refused it on the grounds that the order was made in Essex and we submitted to a court in London
Expert:  Thomas Judge replied 8 months ago.

Yes. It has to be done at the same court as the original proceedings.

Expert:  Thomas Judge replied 8 months ago.

That court is ceased of this matter.