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Failure to return my daughter
#1
Good afternoon folks.

Firstly let me introduce myself and a brief history.

My name is Darren and I have a 10 year old daughter. I have been 'seperated' from my Childs mother for 9 and a bit years. Initially she lived with her mother and things were ok (to a point) however when I entered into a new relationship in 2012 things started to go downhill. Eventually it became really bad following my marriage to said new relationship in 2014.

In Spring 2016 I was called away from work by my daughters school because 'they had a serious problem'. Long story short, my ex had allegedly assaulted my daughter and unless I took her in she would be placed in care by social services due to safeguarding issues.
Following a lengthy police investigation and social services involvement they had concerns of emotional abuse as well. I applied in the first instance for an emergency prohibitive steps order preventing her being removed from my care. This was granted.

I then applied for a child arrangement order to have my daughter live with me permanently. Unable to afford legal assistance I took on the case myself and with help from a Mackenzie Friend eventually won the case. The words of the barrister representing my ex was 'if we go into the hearing we will not win, what are your terms!'

I agreed to my daughter having contact every other weekend and half of the school holidays. Generous I know. But this is what my daughter wanted.

Things have been a little unsettled with mother refusing to return my daughter following contact on a number of occasions. The first time I told her that it was unacceptable in email form and the school did a bit of mediating. On the second occasion I instructed a solicitor to write a letter informing her of her obligations under the order. Unfortunately it has fallen on deaf ears. I now find myself without my daughter following a week long holiday with her mother. Mother is refusing to bring her back.

My question is can I have her returned by court order straight away or do I have to apply for a hearing? Which forms do I fill in? c79 breach form or is there a specific form for the return of child?

Many thanks Dazz
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#2
This is not what we are used to here. ! It’s the reverse usually.

See this -

http://www.separateddads.co.uk/what-happ...nsent.html

So it is definitely a case of returning to court and I suspect a c79 to enforce as there has been a breach. Speak to the court about making it an urgent case.

If she wants residency she should apply for it properly. Whether she gets it or not is up to the court.
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#3
(08-26-2017, 04:57 PM)Hazy Wrote: This is not what we are used to here. !  It’s the reverse usually.

See this -

http://www.separateddads.co.uk/what-happ...nsent.html

So it is definitely a case of returning to court and I suspect a c79 to enforce as there has been a breach. Speak to the court about making it an urgent case.

If she wants residency she should apply for it properly.  Whether she gets it or not is up to the court.

Thank you for this.

I guess it is unusual and a mother losing the case shows how seriously they took it I guess. Also to win it on my own without legal help...

It's not a healthy place for her there and there are no boundaries which is why things got to the point they did. 

I will fill the c79 in and go on Tuesday (bloody bank holidays) and hopefully get it done ASAP due to previous safeguarding.

As a side point, I did learn an awful lot from my experiences at going it alone, hopefully I can help on here, it is stacked against dads and we all need a bit of support at times.
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#4
(08-26-2017, 12:57 PM)Dazzpol Wrote: Good afternoon folks.

Firstly let me introduce myself and a brief history.

My name is Darren and I have a 10 year old daughter. I have been 'seperated' from my Childs mother for 9 and a bit years. Initially she lived with her mother and things were ok (to a point) however when I entered into a new relationship in 2012 things started to go downhill. Eventually it became really bad following my marriage to said new relationship in 2014.

In Spring 2016 I was called away from work by my daughters school because 'they had a serious problem'. Long story short, my ex had allegedly assaulted my daughter and unless I took her in she would be placed in care by social services due to safeguarding issues.
Following a lengthy police investigation and social services involvement they had concerns of emotional abuse as well. I applied in the first instance for an emergency prohibitive steps order preventing her being removed from my care. This was granted.

I then applied for a child arrangement order to have my daughter live with me permanently. Unable to afford legal assistance I took on the case myself and with help from a Mackenzie Friend eventually won the case. The words of the barrister representing my ex was 'if we go into the hearing we will not win, what are your terms!'

I agreed to my daughter having contact every other weekend and half of the school holidays. Generous I know. But this is what my daughter wanted.

Things have been a little unsettled with mother refusing to return my daughter following contact on a number of occasions. The first time I told her that it was unacceptable in email form and the school did a bit of mediating. On the second occasion I instructed a solicitor to write a letter informing her of her obligations under the order. Unfortunately it has fallen on deaf ears. I now find myself without my daughter following a week long holiday with her mother. Mother is refusing to bring her back.

My question is can I have her returned by court order straight away or do I have to apply for a hearing? Which forms do I fill in? c79 breach form or is there a specific form for the return of child?

Many thanks Dazz

The Police is an option in this case as well. as a Court Order says the Child lives with the Member. While they will not want to deal with it, make it clear to them that you are going round to demand the return of your daughter as per a Court Order, and that there is lickley to be a "Breach of the Peace", what is why you want an officer present.

Note of other members reading this. Where no Child Arrangements Order exists, this could not happen, as the Police have no power to remove a Child if they are with someone with PR. They will put a call into SS, but they can only take a child into Police Protection if they consider the child to be in danger and it can not wait for SS to arrive.
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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