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What Happens If My Ex Keeps the Children Without My Consent?

By: Abigail Taylor - Updated: 15 Jul 2018 | comments*Discuss
 
Child Abduction Parental Responsibility

The thought of your ex partner taking your children is the worst nightmare of many parents, and so if it happens, understandably it is a very emotional and stressful time. Many people turn to the police for help to return their children, but how much the police can help is very dependent upon your personal situation. If both parents have Parental Responsibility and one parent is keeping the children against the other's wishes, the police CANNOT help, even if the children do not normally live with them. However, if the parent does not have Parental Responsibility, the police will be able to intervene.

So what is Parental Responsibility?

The Children Act 1989 defines 'Parental Responsibility' as 'all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child'.In plain English, this means that you have responsibility to:

  • house the child
  • protect and maintain the child
  • make decisions about their education
  • name the child
  • consent to any medical treatment for the child

Mothers automatically have Parental Responsibility as they are listed on the child's birth certificate. A father will automatically have Parental Responsibility if he was married to the mother at the time of the birth or was listed on the birth certificate. Alternatively, both parents can sign a Parental Responsibility Agreement and register it with the courts, or more commonly, a father can apply to the courts for Parental Responsibility.

To apply to the courts, you will need to fill in form C1 found at Gov.UK - Forms and Guidance. A court fee of £215 is also payable though you may be able to get assistance with this if you receive benefits or have a low income.

But what if both parents have Parental Responsibility?

The father of my son has decided not to return my child. He has access every week, but we had an argument about what time he should return my child and he said he wasn't going to return him as he has parental responsibility and he has found out he can legally keep our son. I called the police, but they said they can do nothing about it as he is named on the birth certificate and therefore has PR. I am beside myself with worry. It has been four days now and my ex is still refusing to return him. My son is only four and has never been away from me longer than a day. I can't eat or sleep and I am beside myself with worry. I just want my little boy back.

If both parents have Parental Responsibility then the police cannot intervene to take the child off one parent and give them to the other; the police cannot choose between parents, that is the remit of the courts.

In this situation, if you are concerned about being able to see the children, or, if you think that the children should live with you, you can apply for a Child Arrangement Order.

Note: You may have heard about Contact Orders or Residence Orders. A Child Arrangement Order replaces these older orders but those with Contact or Residence Orders need not re-apply. Also confusingly often those in practice will still refer to (for example) obtaining a Residence Order when applying for a Child Arrangement Order.]

What is a Child Arrangement Order?

This court order determines where your child lives, which relatives they have contact with, and what type of contact (e.g. in person, phone calls, or letters). Anyone with Parental Responsibility can apply for an Order.

To apply to the courts, you will need to fill in form C100 found at Gov.UK - Forms and Guidance. A court fee of £215 is also payable though you may be able to get assistance with this if you receive benefits or have a low income.

I am a father of two children six and three. When I went round to pick them up last week I found my ex collapsed on the sofa through drink and drugs and her ex partner also high on drugs. My daughter and son were not dressed and my daughter's nappy had not been changed for hours and she was playing with food in the dog's bowl. I have heard they are not being fed or looked after properly and the Social Services are looking into this.

Ordinarily, the court will give notice of the hearing to both parties so that they can attend and give their side of the story. However if you think that your child / children may be in danger, then you may be able to apply for an emergency without notice hearing which will be much quicker than a full "with notice hearing". However be aware that this will only be a temporary solution and that any without notice hearing will be followed shortly after by a full "with notice" hearing in which the court order may be changed. If you are considering this option, seek professional advice or contact your local Citizens Advice Bureau for some free assistance.

If you can show that your former partner is not able or appropriate to look after your child / children, you may be able to get an order stating that the children should live with you. However you will need to evidence this.

Below are easy ways to obtain this evidence:

  • Take photographs of the condition of your children when you see them (e.g. unwashed / dirty clothes / dirty nappy)
  • Video or photograph your interaction with your former partner when going to collect your children, including any condition of their house as you can see it from areas into which you are invited / the doorway. However remember that you must not trespass into the property.
  • Take a witness with you when you go to try to collect the children (e.g. a family friend or if possible an independent person such as a local church minister).

Note that the courts are very unlikely to not award at least contact to a parent, even if they are inappropriate to look after a child. However this contact may be indirect, such as by letter, or supervised at a contact centre.

Remember that whilst the police cannot take a child away from a parent with Parental Responsibility, they are able to intervene and remove a child if there is a real risk to life. If you are concerned about a real and immediate threat to your child's safety, speak to your local police force and social services.

If you are unsure about your rights, speak to your local Citizens Advice Bureau who will be able to provide you with free assistance. The courts may be able to help, but this can be a lengthy process and you will need to evidence any concerns. It is therefore important to know your options before seeking a court order.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

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I don’t know what to do. My ex partner has taken my son as agreed by the court order and he was meant to return him back at 5pm and he has refuses to do so, where do I go from here. What am I meant to do? I don’t know where to begin
Ev - 15-Jul-18 @ 5:34 PM
I poked my childs father in the face and spat on him whilst collecting my child and was arrested and charged with assault what has happened now is he won't return our child to me and won't even let me see her the social services have said that he is within his rights to do this and advice him to take legal action I kno I have anger issues so I totally hold my hands up and say I'm in the wrong what can I do to get her back of him
Browngal - 14-Jul-18 @ 11:03 PM
Our son's partner moved out of our home 2 weeks ago taking their 5 month old baby with her without any explanation. She's moved back in with her dad, who I may add has been a useless father. During her time living with us cracks soon began to appear in her caring for the baby. She would stick to a rigid feeding time and the baby would cry with hunger, often having rows with my son because he'd feed her,she often swore at the baby, my son asked her on several occasions not to. She would leave the steriliser for 5 days at a time and not change every 24 hours. She would change the baby's nappy every 6-8 hours and not before. Plus there are many other things that happened. I did have a word with her health visitor but all she suggested was that she attend a teenage mum and baby group (She's just turned 17). We always tried to advise her, never made her feel uncomfortable in doing so. We always had to encourage her but she couldn't be bothered. When she left her aunty called Social services as she had concerns and noticed she had no connection with the baby at all. They visited once and that's been it. Our son tried his best but it was never good enough she wanted him to do more and more. If we are lucky to see the baby this weekend, she said Friday till Sunday, could we get into trouble if our son kept the baby? He is on the birth certificate. We all have genuine concerns for the welfare of the baby and if he did decide to do that it wouldn't be out of spite but what's in the best interests of his daughter. Thank you
Mum2one - 4-Jul-18 @ 3:52 PM
LBloom - Your Question:
Any advice on which direction to proceed? Wife seeking a divorce, and majority custody of child. We are US citizens here on husbands work visa. Husband will contest the divorce and wants child to stay with him full time saying child has habitual residence. Only been in UK 7 months however. If wife divorces- she loses the right to stay in UK.

Our Response:
If the husband and wife cannot agree between them who should have residency of the child, the matter would have to go to court as one parent cannot take the child out of the country without the other parent (with parental responsibility) giving consent. As a rule, the day-to-day primary carer of the child is given preference. However, as in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
SeparatedDads - 2-Jul-18 @ 2:41 PM
Any advice on which direction to proceed? Wife seeking a divorce, and majority custody of child. We are US citizens here on husbands work visa. Husband will contest the divorce and wants child to stay with him full time saying child has habitual residence. Only been in UK 7 months however. If wife divorces- she loses the right to stay in UK.
LBloom - 30-Jun-18 @ 10:15 PM
Nora- Your Question:
My husband stole my daughter who is 8 years old now and I don't know where the child is. This happened last year November. I have gone to the police station and children rights offices but all in vain. Am just stranded without knowing what to do. How can you help me get back my daughter?

Our Response:
I am sorry to hear this. As stated in the article, you would have to apply directly to court, please see link here. In your case, you would NOT have to show that you have attended mediation. You can also fill in a C4 form, which is an application for an order for disclosure of a child's whereabouts, please see link here . This will allow the courts to put a trace on your husband in order to locate your child to bring the matter to court. If you cannot afford court fees, please see link here. If you cannot afford legal representation please see link here. The Citizens Advice Bureau can offer free advice as can the link here. I hope this helps.
SeparatedDads - 26-Jun-18 @ 3:21 PM
My husband stole my daughter who is 8 years old now and I don't know where the child is. This happened last year November. I have gone to the police station and children rights offices but all in vain. Am just stranded without knowing what to do. How can you help me get back my daughter?
Nora - 26-Jun-18 @ 10:20 AM
Disaster - Your Question:
Can someone help me on what to do in this mess I've managed to get in!I had been in a sexual relationship with a local girl for a period of 2/3 years on and off. Both made it very clear that nothing would ever come of it but she always wanted more but I refused as we actually had nothing in common except for sex! I was always careful with her to a certain degree but after not seeing each other for a few months but talked weekly we hooked up one day in December 2017 and heard nothing since. I started a new relationship not long after and now we have moved in together and I am so much in love and happy with everything.A couple of months ago I was informed that the ex as such is pregnant, she informed me of her shock and that she was on birth control at the time which I recall we had discussed during this encounter as she wanted it so badly I recall on that night. I have since learned (don't ask how) that she wasn't on birth control and wanted a baby so you can imagine my thought process now as she said she was on the pill.Under the circumstances I asked her about an abortion which I've always been firmly against as I'm all for family life etc but under these circumstances I thought it would be the best for all parties concerned as she lives at home with the parents, not in a relationship with the father etc so it would of made sense. I did push it but she refused and things have gotten much worse since then.Due to the various lies being said by her and knowing I was trapped intentionally her last email response from me threatened her with restraining orders and that I wanted nothing to do with her or the child. To top it all off I've also learned from a mutual friend that weeks before announcing to myself about the pregnancy that she was overheard saying to another friend that she will be ok as she got what she wanted and I will pay for everything through the CSA regardless.I've always said that fathers should take responsibility for creating a child and I've voiced this many times but now after experiencing first hand this situation I can honestly say that now I think my opinion has changed dramatically the other way. I haven't any options really left but I do not see why I should have the rest of my life in a mess because of some girl who wanted to get pregnant and lied to do so! Money isn't the issue in this case as I can provide which wouldn't make any difference to me personally financially but I'm taking more of a moral ground due the circumstances surrounding this. Is this right and why is the law stacked up against a man in these circumstances in this day and age.

Our Response:
Unfortunately, there is little you can do here. Men do have options to prevent an unwanted pregnancy through contraception. It means you have little argument i.e should you wish to make a stand and take the matter to court. Every non-resident parent is by law responsible for paying towards the day-to-day care of their child in the form of child maintenance.
SeparatedDads - 25-Jun-18 @ 12:50 PM
Can someone help me on what to do in this mess I've managed to get in! I had been in a sexual relationship with a local girl for a period of 2/3 years on and off. Both made it very clear that nothing would ever come of it but she always wanted more but I refused as we actually had nothing in common except for sex! I was always careful with her to a certain degree but after not seeing each other for a few months but talked weekly we hooked up one day in December 2017 and heard nothing since. I started a new relationship not long after and now we have moved in together and I am so much in love and happy with everything. A couple of months ago I was informed that the ex as such is pregnant, she informed me of her shock and that she was on birth control at the time which I recall we had discussed during this encounter as she wanted it so badly I recall on that night. I have since learned (don't ask how) that she wasn't on birth control and wanted a baby so you can imagine my thought process now as she said she was on the pill. Under the circumstances I asked her about an abortion which I've always been firmly against as I'm all for family life etc but under these circumstances I thought it would be the best for all parties concerned as she lives at home with the parents, not in a relationship with the father etc so it would of made sense. I did push it but she refused and things have gotten much worse since then. Due to the various lies being said by her and knowing I was trapped intentionally her last email response from me threatened her with restraining orders and that I wanted nothing to do with her or the child. To top it all off I've also learned from a mutual friend that weeks before announcing to myself about the pregnancy that she was overheard saying to another friend that she will be ok as she got what she wanted and I will pay for everything through the CSA regardless. I've always said that fathers should take responsibility for creating a child and I've voiced this many times but now after experiencing first hand this situation I can honestly say that now I think my opinion has changed dramatically the other way. I haven't any options really left but I do not see why I should have the rest of my life in a mess because of some girl who wanted to get pregnant and lied to do so! Money isn't the issue in this case as I can provide which wouldn't make any difference to me personally financially but I'm taking more of a moral ground due the circumstances surrounding this. Is this right and why is the law stacked up against a man in these circumstances in this day and age....
Disaster - 25-Jun-18 @ 11:58 AM
My daughter separated from her partner,and he has took my grandson to live with him and his parents I know he his well looked after.but he his refusing to let my daughter see her son . Unless she removes a pips order.it is breaking her she is desperate to see her son how can we get him to agree to let her see him.at the moment she is saving to go to court.she cannot get any help as she is working
BL - 23-Jun-18 @ 11:03 PM
Jess - Your Question:
I'm trans female so obviously the reason for put marriage is clear, my ex wife is starting to make it very difficult making my daughter call her new partner daddy and while I'm away on duty with the raf is ignoring my calls and cutting them off after just a few seconds and turning her phone off. When back at unit I can see my little girl Tues and weds terms laid down by my ex I'm struggling with all of this and finding the courts are constantly bending in her favour! What can I do where do I turn!

Our Response:
You don't say what you are going to court for; is it for more access, or to stop your ex from allowing your child to call her new partner 'daddy'? It is difficult to answer your question without further clarification. However, it is difficult for a court to request that your ex picks up the calls or specifies what the partner must be called. If Cafcass are involved, please see link here .
SeparatedDads - 22-Jun-18 @ 1:53 PM
I'm trans female so obviously the reason for put marriage is clear, my ex wife is starting to make it very difficult making my daughter call her new partner daddy and while I'm away on duty with the raf is ignoring my calls and cutting them off after just a few seconds and turning her phone off. When back at unit I can see my little girl Tues and weds terms laid down by my ex I'm struggling with all of this and finding the courts are constantly bending in her favour! What can I do where do I turn!
Jess - 21-Jun-18 @ 7:54 PM
Kel - Your Question:
@Samantha yes I do believe he would kidnap to emotionally control me. I have basically raised the children on my own I tried to involve him but he wasn’t interested when it came to doctors or schools etc. I know I am a good mother and my childrens needs will always come 1st. I want the children to have a healthy relationship with their father however I dont trust him as he can be nasty and awkward when he doesn’t get what he wants unfortunately! I try and be fair when it comes to arranging access.

Our Response:
If you feel that your ex may keep your children without your consent then you may be able to apply directly to court for a child arrangement order which will determine with whom your children should live. You can see more via the link here. In certain cases (i.e if you can prove domestic violence) the court will allow you to apply directly. If you are concerned your ex may keep the children without your consent, then you may wish to seek some professional legal advice in order to explore your options fully. Alternatively, if you have a safeguarding issue, then you could withhold access until your ex decides to refer the matter to the courts. Once the courts get involved, then whatever access agreement that is decided upon you would have to adhere to it regardless of whether you accept it or not. That's why the courts prefer parents to come to their own agreement via mediation if not mutually. However, in your case, if you do not object to your ex having access but you would be more at ease if there was a residence order in place, then court may suit you better. But remember, court is always seen as the last resort as it can be a stressful process and there is no anticipating what a court may decide.
SeparatedDads - 15-Jun-18 @ 9:49 AM
Jake - Your Question:
Hi. My ex wife and I separated in January 2017. Since then we have agreed shared responsibility of the children between us. We agreed a divorce settlement and this is now with the courts.My current partner and I are now expecting a baby, expected by a nice suprise and my ex wife is now claiming that I am a poor dad, unable to care for my children and wants full custody and states that I cannot have them during the week as per the rota we have agreed.This has shocked me and upset me badly. Can she do this and what can I do??? Help??

Our Response:
I am sorry to hear this, but your only option is to take the route listed here and here.
SeparatedDads - 14-Jun-18 @ 12:38 PM
@Samantha yes I do believe he would kidnap to emotionally control me. I have basically raised the children on my own I tried to involve him but he wasn’t interested when it came to doctors or schools etc. I know I am a good mother and my childrens needs will always come 1st. I want the children to have a healthy relationship with their father however I dont trust him as he can be nasty and awkward when he doesn’t get what he wants unfortunately! I try and be fair when it comes to arranging access.
Kel - 14-Jun-18 @ 7:39 AM
@gemma what do you mean get what I want?? All I want is for my children to have a consistent happy relationship with their dad however is he a pathological liar so dont want this affecting my kids emotionally. Emotional damage is just as bad as psychical.
Kel - 14-Jun-18 @ 7:27 AM
Hi.My ex wife and I separated in January 2017.Since then we have agreed shared responsibility of the children between us.We agreed a divorce settlement and this is now with the courts. My current partner and I are now expecting a baby, expected by a nice suprise and my ex wife is now claiming that I am a poor dad, unable to care for my children and wants full custody and states that I cannot have them during the week as per the rota we have agreed. This has shocked me and upset me badly.Can she do this and what can I do???Help??
Jake - 12-Jun-18 @ 4:45 PM
Pat - Your Question:
Hi,i need some advice,my enstranged and I got married in 2006.We have 2 children a boy who will be 17 in November and a girl is 7.She is a trained social worker and has used it to breakup the family.As soon as she started the course,she came with idea of becoming a single mum.We finally separated in 2014 and I moved to Swindon and my children live Brighton.I used to contact them every fortnight and she stopped me and suggested to contact them every last saturday of the month some thing have done since then.Was present at birth for both and she never put my name on my sons birth certificate for reasons best to known to her.She tried to do the same for my daugthers but,stood my ground.I did have DNA done on my son without her consent and proved am his biological father.Despite my attempts to have share parental responsibility,she has refused and at one point she stopped from contacting my children for 8 months.When I went to court,was advised to seek mediation which I did.A letter was sent but,claimed she never got it,then all of a sudden I got email saying ,she has never stopped me contacting my children.This meant she got the mail but,chose to ignore it.That meant I couldn't go ahead with court given what she said in mail.She has shifted house and has not given me new address and I understand she plans to go abroad.Do I have a way I can stop this movement by law?????

Our Response:
If you have parental responsibility, then you can apply for a Prohibited Steps Order. A PSO is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area or country with their children. However, if your ex can justify reasons why she should move abroad, then it is unlikely a court would try to prevent her from getting on with her life. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. If you need to track where your children are living in order to bring the matter to court, you can fill in a C4 form. This is an application for an order for disclosure of a child's whereabouts. You may wish to seek some legal advice and/or join the Separated Dads forum for further advice and guidance. I hope this helps.
SeparatedDads - 11-Jun-18 @ 12:47 PM
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Wentz - 9-Jun-18 @ 5:15 PM
Hi,i need some advice,my enstranged and I got married in 2006.We have 2 children a boy who will be 17 in November and a girl is 7.She is a trained social worker and has used it tobreakup the family.As soon as shestarted the course,she came with idea of becoming a single mum.We finally separated in 2014 and I moved to Swindon and my children live Brighton.I used to contact them every fortnight and she stopped me and suggested to contact them every last saturday of the month some thing have done since then. Was present at birth for both and she never put my name on my sons birth certificate for reasons best to known to her.She tried to do the same for my daugthers but,stood my ground.I did have DNA done onmy son without her consent and proved am his biological father.Despite my attempts to have share parental responsibility,she has refused and at one point she stopped from contacting my children for 8 months.When I went to court,was advised to seek mediation which I did.A letter was sent but,claimed she never got it,then all of a sudden I got email saying ,she has never stopped me contacting my children.This meant she got the mail but,chose to ignore it.That meant I couldn't go ahead with court given what she said in mail.She has shifted house and has not given me new address and I understand she plans to go abroad.Do I have a way I can stop this movement by law?????
Pat - 9-Jun-18 @ 10:56 AM
@angelhunkler. My advice in situation like this its only courts can help you .solictor ).i my situation I have move on many years ago to the point where I ask for my surname removed legally that’s now long it’s been for me .where I don’t care whatever .
Laurie - 7-Jun-18 @ 5:09 AM
My husband was married to his 3 daughter's mother for 15 years. After their divorce, they had shared parenting (week to week). When my husband and I got together, his ex seemed fine with me. My husband sat down with her and drew up a new custody agreement, so we were able to be together because we lived in 2 different county's. During the school year, his ex had full custody and my husband's visitation was every other weekend. During the summer, they went back to shared parenting with the week to week. I have 3 boys of my own. My husband's ex will not let his 11 year old come to our house without the 14 year old. My husband was keeping his 11 year old, for his week starting this past Sunday.His ex came to our home, and took her without informing us. After his 11 year old kept telling her 14 and 15 year old sisters that she wanted to stay with her Dad and step brothers. We called the police, and they keep telling us that it's a civil matter and won't do anything about it. WHAT CAN WE DO?? We're afraid that she is going to keep my husband from seeing his daughters, and he has done nothing wrong. Other than moving on with his life, and getting remarried. Again. WHAT CAN WE DO???????
Angel Hunkler - 7-Jun-18 @ 2:34 AM
Niklo - Your Question:
I have separted from my estranged husbandsince sept 2016 through dv. he had contact with my beautiful little girl up until June 2017 when weaskedme formoney that I didnt have so hecut all contact with her. my daughter has special needs and misses him lots. I never wanted to stop contact with them, but he has turned so nasty and tells her awful things the last time he spoke to her. I am so scared she is upset and wants to see him. I dont tell her about the money or he told me to tell her he is dead. I have just said he is busy and has some work problems he has to deal with. I get the full vent from her its my fault and she hates me. she is in the process of being moved to a special needs school which again he didnt care less about. she has so much going on in her life and really needs her dad but a decent one nit this evil piece of crap he has turned into. I am worried that more long term it will effect her. I have no male in my life or hers so therefore no male role model. If he gets in contact again should I let her see him or say do one take me to court. I want her to have her Dad. she is an amazing little girl who has had so much crap over the last 2 years. she has such a difficult time ahead of her. I have fought for a year to get her into a private school and I am scared he will wreck her chances to get back at me. please someone advise thanks

Our Response:
We cannot advise you on what you should do. If you cannot agree between you and your ex, or if he does get in touch then perhaps you may wish to consider mediation as a way of sorting these issues. Please see link here .
SeparatedDads - 1-Jun-18 @ 1:54 PM
i have separted from my estranged husbandsince sept 2016 through dv. he had contact with my beautiful little girl up until June 2017 when weaskedme formoney that I didnt have so hecut all contact with her. my daughter has special needs and misses him lots. i never wanted to stop contact with them, but he has turned so nasty and tells her awful things the last time he spoke to her. I am so scared she is upset and wants to see him. i dont tell her about the money or he told me to tell her he is dead. i have just said he is busy and has some work problems he has to deal with. I get the full vent from her its my fault and she hates me. she is in the process of being moved to a special needs school which again he didnt care less about. she has so much going on in her life and really needs her dad but a decent one nit this evil piece of crap he has turned into. I am worried that more long term it will effect her. I have no male in my life or hers so therefore no male role model. If he gets in contact again should I let her see him or say do one take me to court. I want her to have her Dad. she is an amazing little girl who has had so much crap over the last 2 years. she has such a difficult time ahead of her. I have fought for a year to get her into a private school and i am scared he will wreck her chances to get back at me. please someone advise thanks
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Careon Rebecca - 27-May-18 @ 10:17 PM
greetings.my daughter desperately wants to meet her dad he has reach out to her via Facebook gave her a birthday greeting a week ago offered her to meet him .i have found out via one of his relations that he leaves in the morning for his new job and will be away for two weeks .my daughter is hounding me to let her meet him i am just scared she might tell him about the abuse she suffered with my x .and might not return her to me ?.
suzi j barnes - 27-May-18 @ 5:57 AM
Hello and greeting everybody.my name is Suzi j Barnes .i am a mother that has keeped my daughter away from the father because sister told he would take the my daughter because of my affairs and because of the guy who lured me away was heavily into drugs and was very abuse .the father of my daughter is a well liked man and respected Harding working man and help anyone out and you would class him as good company he is a good style of guy always has joke tell quick witted and loves his daughter .i am scared to let my daughter meet him because I am scared I will lose her and she never want to talk to me again .because of her step fathers where not the nicest guys To my children and I no once my daughter meets her father she will be smittened to have a good role model dad in her life and that scares me I think I will lose her forever .?.
Suzi - 27-May-18 @ 1:59 AM
Hi I'm the mom of a 11yr old boy and his dad lives 100 miles away. I spends every other weekend with him. His dad is on his birth certificate.We have recently had a big disagreement and he's threatening to go for full custody.I'm frightened now to let my son go stay with him as he may not return him. He has recently moved and is refusing to give me his new address. And he did take my son once before when we broke up years ago but the police got him back for me . I need some kind of order to ensure my son will be returned home . Can you offer advice please. I've looked at c100 form . Does his dad have to sign this? Can't provide an address for contact. My son speaks to him via mobile for contact.
HARRISon - 25-May-18 @ 7:50 PM
Sqiggly1994 - Your Question:
Hey,I'm in need of some advice, my partner who has a son from his previous relationship has recently been denied access to his child.Bare in mind that he has Parental Responsibility to his son as his name is on the birth certificate, his son has come to see him every weekend since the break up of the relationship.But recently my partner had a mental breakdown and went into a mental health hospital for a short stay, since he has come home his ex partner has come up with excuse after excuse to not let him stay with us.This then changed and she allowed my partner access again for two weekends before going to a solicitors who apparently advised her that it was for the best interest of their child to with hold the access.When my partner messages to ask about access and if he can see his son the only answer he gets is "Wait for the letter from the solictor" and is left in the dark about the well being of his son until 2 days ago where we got two pictures of his child saying simply "He's fine." I am just wondering if anyone else has been through this and how we could go about making an amicable agreement to keep the child happy in this.Thank you.

Our Response:
I am sorry to hear this. Your partner can suggest mediation to his ex and if she refuses, he would have to apply to court, please see link here. If your partner has had consistent access to date, then it is likely the court would re-instate access. However, the court will not allow an application to go ahead unless mediation has first been considered. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
SeparatedDads - 21-May-18 @ 12:59 PM
Hey, I'm in need of some advice, my partner who has a son from his previous relationship has recently been denied access to his child. Bare in mind that he has Parental Responsibility to his son as his name is on the birth certificate, his son has come to see him every weekend since the break up of the relationship. But recently my partner had a mental breakdown and went into a mental health hospital for a short stay, since he has come home his ex partner has come up with excuse after excuse to not let him stay with us. This then changed and she allowed my partner access again for two weekends before going to a solicitors who apparently advised her that it was for the best interest of their child to with hold the access. When my partner messages to ask about access and if he can see his son the only answer he gets is "Wait for the letter from the solictor" and is left in the dark about the well being of his son until 2 days ago where we got two pictures of his child saying simply "He's fine." I am just wondering if anyone else has been through this and how we could go about making an amicable agreement to keep the child happy in this. Thank you.
Sqiggly1994 - 19-May-18 @ 3:39 PM
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