Monday, August 23, 2010

Can I get some legal advice?

I have a residency order for my child. I allowed her to go and stay at her Dads for a sort amount of time and he is now refusing to let me see her or to return her is there any quicker way to get her back than going through court? ie can the police enforce the order and go and get her back? Court takes so long and I wanted it settled and my baby home soon


please help Can I get some legal advice?
If you have a residence order, then the child is supposed to be with you unless you permit something different to happen in the child's best interests (such has having some contact with her father).





If someone does something that interferes with this, they are treading into dangerous territory. There is more than one thing that can be done.





Your solicitor using the Family Procedure Court is one method of sorting something but, as you have discovered, this is a slow process. I do not think that your solicitor is simply trying to pad their bill on this or exaggerate the position. You may, in any event, need to use the FPC to adjust whatever orders currently exist in relation to your child, so do not dismiss this totally.





As regards doing something quicker, there are two options. Bardic has pointed to one, but I have found that the police are often reluctant to get involved without some formal intervention first from an official source (such as your solicitor).





The other option is to seek assistance from Social Services. They have powers (and use them) to act very quickly if they believe that a child's welfare is at stake.





I'm sorry that I can't give you a fuller answer, but the information that you can post is, of necessity, quite thin. I do, however, wish you well with getting things sorted.Can I get some legal advice?
if you have a residency order, the police can help. they are empowered to deal with a situation like this. just be careful that in case u ask the police to intervene, the kids dad may just have a lawyer and a counter order or something.


you will need to consult a lawyer in the long run to ensure that something like this does not happen again.
Ok not sure i understand what you are saying do you have legal custody of her right now?who has it on legal paper?


If its in your name and you have it call police they will arrest him and bring the child back to you.


not sure what a residency order is?
Your best bet is to contact a solicitor, they often do a half hour free consultation, check first, they can give proper advise. better than the barrack room lawyers on this site.
I'd certainly speak to the police. Sounds perilously close to kidnapping.

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