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Can Ex keep me from staying with daughter?
#1
Can my ex keep me from seeing my daughter on her weekend even though she is not here? Please help   Huh

My ex and I have a court order that has been in effect going on 5 years. This weekend is her weekend but she is traveling. My ex will not be here and is not allowing me to pick up my daughter. My ex's mother will stay with her and she was instructed to call the cops if I show up. Today is my daughter's 8th grade dance and her grandmother will be taking her and keeping her all weekend with instructions to call the cops and keep my daughter from me.
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#2
(06-10-2016, 03:24 PM)ofSaints Wrote: Can my ex keep me from seeing my daughter on her weekend even though she is not here? Please help   Huh

My ex and I have a court order that has been in effect going on 5 years. This weekend is her weekend but she is traveling. My ex will not be here and is not allowing me to pick up my daughter. My ex's mother will stay with her and she was instructed to call the cops if I show up. Today is my daughter's 8th grade dance and her grandmother will be taking her and keeping her all weekend with instructions to call the cops and keep my daughter from me.

Can I confirm where in the world you live. Most on this forum are UK based, and you saying "Cops" makes we wonder if your here or not.

Under UK law, the fact that your ex is not present is not an issue, its the fact that a court order exists. If your child is at the handover location you have the right to take her, and the Police have to do that as your ex is not present. If it was your ex with the child, the Police could not do anything, except provide you with a statement to go to court with, to get the order enforced.

You need to return the child as per the order, even if she is not present unless there is a lawful reason you should not leave a child with her babysitter.

If contact does not take place, apply Monday morning, for "Application for Enforcement".
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
MarkR, you are correct I am form the US. Now you have made me curious, what term for cops do you guys use? I thank you either-way for such a quick reply. Even though you are referring to UK law your answer gives me a certain peace of mind. I also can't see our laws being so different on this issue. I assume if one parent is not present the other is automatically responsible. The court order is between her mother and I and not a location or her grandmother.
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#4
(06-10-2016, 04:26 PM)ofSaints Wrote: MarkR, you are correct I am form the US. Now you have made me curious, what term for cops do you guys use? I thank you either-way for such a quick reply. Even though you are referring to UK law your answer gives me a certain peace of mind. I also can't see our laws being so different on this issue. I assume if one parent is not present the other is automatically responsible. The court order  is between her mother and I and not a location or her grandmother.

Normally refereed to as Police, sometimes "Old Bill". There other names sometimes used, but as a moderator on this forum, if I posted them I would have to warn or ban myself!!!!!!!!!!

We are not Solicitors (lawyers) but we know a lot about process and a lot of legal issues from our own experiences. From time to time, we also get posts not aimed at legal redress/action, just wanting advice on how to handle situations, so feel free to stick around. Also you might be able to help where the person posting is from the USA.

Under our laws, the Police would only return a child to a "Resident" parent, where a court order gave them that status.
Contact (visitation) if the child was with the Resident parent, Police would refer the person to legal redress via court.
However, if the child is not in the company of the Resident parent where are court order exists to say they should be with the other parent, or if no court order where the person wanting the child has Parental Responsibility the Police would have to hand over the child.

In your situation in the UK, you would ask your local family court to Enforce the order, and if prove, the other parent would be as a min told off, but normal is a Fine or Unpaid work (in UK called Community Service).  This might be anything from litter picking, to doing gardening for disabled people (under supervision of the Probation Service), anything considered to be good for Society.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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