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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4358
Experience:  LLB (Hons)
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I was forced after threats last night to allow my son to go

Customer Question

Hello I was forced after threats last night to allow my son to go to his dad under the agreement he would bring him back tomorrow morning. After he picked him up from my mum he took him and said he will not be bringing him back until Tuesday. I ban beside myself and don’t know where I stand or toget him back
Submitted: 14 days ago.
Category: Family Law
Expert:  SASH_Law replied 14 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Are there any court orders already in place for the child?

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Customer: replied 14 days ago.
No court orders
Expert:  SASH_Law replied 14 days ago.

Does the father have parental responsibility? I.e. named on his birth certificate?

Customer: replied 14 days ago.
he does he is on his birth certificates
Customer: replied 14 days ago.
This was the message he sent last night which bullied me into giving him over for the night and he agreed a night
Expert:  SASH_Law replied 14 days ago.

What pattern of contact does he normally have? How old is the child?

Customer: replied 14 days ago.
I tried to co parent really well and he would on occasion drive and see him but it used to be alternate weekends and then he would cancel and final straw was couple weeks ago he took him for 9 days over half term and didn’t not spend one full day and took of. For 4 days without telling me he was going to leave my son in his grandmother’s care.
Customer: replied 14 days ago.
Child is 4yrs
Expert:  SASH_Law replied 14 days ago.

As there are no court orders stating where the child lives, you and the father have the exact same parental responsibility, and as such either of you can have the child in your care. If one of you retains the child, the other parent's route is to go to court. Neither of you should be doing this however as it is damaging to the child (retaining him from the other parent).

If you cannot agree on the child arrangements, you are supposed to try mediation before applying to court, but if you think there are safeguarding reasons for the father not to have contact in the interim, you could make an application for a specific issues order to have the child immediately returned to your care, and a prohibited steps order to prevent the father removing the child from your care or the care of anyone you place him with until the court has had time to determine the child arrangements.

You can apply on form C100. Cost is £215 - if you are on benefits or a low income complete form EX160 as well. As the application is urgent I would suggest you take the form to the court on Monday morning and ask for an urgent hearing.

Customer: replied 14 days ago.
Is there any way of guessing how long it would take to sort court? I’m going to plead with him over text one last time to please bring him home tomorrow. I really don’t want to take the route
Customer: replied 14 days ago.
Is there anything else I can do that might get him to know how serious this is
Customer: replied 14 days ago.
Or that I can do that won’t be so harsh. My son would loose out so much if I have to do this but I feel so bullied into a corner
Expert:  SASH_Law replied 14 days ago.

It'll take at least 5-6 weeks, possibly longer due to the pandemic, to get to a first hearing. I cannot guess how long it will take thereafter, that will be up to the judge and whatever information he or she needs to help make a decision.

No, if talking together, then mediation don't work, court is next.