How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14296
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

Im asking on my daughters behalf she let her ex partner have

This answer was rated:

Hi im asking on my daughters behalf she let her ex partner have there son on Monday 2 nd of June he said he would have him for a couple of nights so means he should bring him back today he is now refusing to bring him back.he hasnt had him for about 10 weeks due to the virus even though he could have hes saying he would be better off with him even though hes had no contact for so long my daughter is beside her self and just wants him back
JA: What steps have you taken? Have you filed any papers in family court?
Customer: how do we do that
JA: Have you talked to a lawyer about this yet?
Customer: no not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No not really just that I think this was planned as his gran also wanted him and she hasn't seen him for minths

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

I presume there is no court order in place which states who the child lives with.

You need to contact your ex and say you will have to apply for a child arrangements order and if you are successful then you will ask the court to order he pays the cost. Give your ex 7 days to confirm their stance.

If he continues to refuse you need to contact a mediator as the court will want to know whether you have attended mediation first before involving the court - the mediator will contact your ex and if he refuses to attend then you are free to make the application to the court. This is called “MIAM”, or a mediation assessment.

To find a mediator in your local area, use this site :

www.familymediationcouncil.org.uk/find-local-mediator

In order to apply to the court, you will need to fill out and send form C100 (copy attached) with a cheque of £215 payable to HMCTS to your local family court centre. The form can also be found here:

https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

Or you can ring the court and pay over the phone (or pay in person if you go directly to the court and pay at the counter). If you are on low income/have low savings you can apply for a fee exemption here:

www.gov.uk/get-help-with-court-fees

Once you apply the court will list a hearing where you and your ex attends. There will be a family advisor there too (from Cafcass) and if arrangements can be agreed then a consent order will be drawn up.

*I recommend you speak to the ex - he is likely to be forced to return your daughter's Son to her. You could also ask the Police on the 101 number whether they can help - they may say no with it being a civil matter, unless there is a risk of child abduction for example*

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 1 year ago.
Hi I have just learnt that his dad has taken him to his aunties so bit concerned for hi well fair with covid still a risk

Thanks, ***** ***** ask the Police on 101 if they could intervene, for safeguarding issues.

Customer: replied 1 year ago.
What can I do my daughter cant get legal aid even though she's on benefits

She should qualify for a fee exemption, if she goes to this site: http://www.gov.uk/get-help-with-court-fees

I hope this helps? If you can reply “yes”, or when you have the chance would you mind giving me a positive rating for the answer (the site will then credit me for my time). There should be a rating system at the top of the screen. Any other queries please let me know.

Many thanks,

Jim

JimLawyer and other Law Specialists are ready to help you
Customer: replied 1 year ago.
He has now contacted the social devices and put a neglect claim against my daughter can she put in a counter claim against him for the same reason

yes, it be raised at the hearing, that would be fine - she may want to contact a law firm who may be able to offer her legal aid though.