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Category: Law
Satisfied Customers: 35016
Experience:  Barrister at Self Employed Barrister
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There is a court order in place where I have full custody

Customer Question

There is a court order in place where I have full custody and my ex husband has access. He didn’t drop him off when he was meant to and he is not in school, his father is saying I must take him to court as I am an unfit mother due to my drug use. But im not actually taking drugs. He says he’s gathered evidence, I know my old boss whom I haven’t spoke to since last year and had a falling out with is one of the people who he’s been speaking to. I am in court tomorrow to try and get him back but I feel hopeless. What’s the likely outcome
Submitted: 9 months ago.
Category: Law
Expert:  ivorylounge replied 9 months ago.

My name is ***** ***** I shall try and assist. The father should pursuant to the court order return the child to you immediately and this is what the court should say tomorrow. The father should not have removed the child under such circumstances and the caselaw suggests that the child should be returned to you. I have attached a link to a very helpful book on amazon for about a tenner which explains the law -

Cafcass should also prepare a s. 7 report but the child should be going home to you. Please rate 4 or 5 stars

Customer: replied 9 months ago.
tomorrow when I go to court straight away they will just return my son to me.
Customer: replied 9 months ago.
I was hoping for a more in-depth answer for £57 rather than a link to somewhere else to tell me. He’s kept him, police didn’t bring him back and he said got away with t
Expert:  ivorylounge replied 9 months ago.

The police will not bring him back because both parents have parental responsibility. The fact is that the other parent should not have retained the child without bringing the matter to court. As such you can say to the court that the father has breached the order and that you seek the immediate return of the child. This will happen in 99 out of 100 cases. This is what the Court of Appeal says in such cases and the child should thus be immediately returned. The link is to a book which explains all aspects of child arrangements orders as it will probably be helpful for you to have a good understanding of the court process. I want to make things as easy as possible for you in something which must be of great strain to you at this time. Please rate 4 or 5 stars

Expert:  ivorylounge replied 9 months ago.

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 thanks

5 Jun 2018, 6:44 PM

Customer: replied 9 months ago.
HI there no not really, I know how things should be done but he’s not done it, on the lie that I’m a drug addict and my son don’t want to come home, all made up lies. So I just wanted to know if he goes to court saying this will my boy still be coming home with me
Expert:  ivorylounge replied 9 months ago.

How did it go?