child living with the father. can i take my child

[birgit]

My child stayed over night with his dad. He did not give me my child back. Social service said is up to him if I can see my child. I have not seen my child in 3 months. Can I pick my child up from school or can school refuse to give me my child?

[H]

My sister had a similar case my neice and nephew were staying with there dad for a week holiday and he manipulated and persuaded my neice (his daughter) to want to stay with him told her her life would be so much better with him he got her to send a letter hand written and taken a photo of via email to her mum and he kept hold of her for a week family and friends contacted her on fb and through texts and he agreed to bring her back to chat to her mum and see if they could sort it out and eventually she did say she wanted to live back with her mum. My sister went into her school and asked if he was to turn up and take her could they do anything she was told they could stall him but couldn’t stop anyone with parental responsibility from taking there own child so yes you could and providing there is no reason for you not having your child the police won’t get involved if he were to contact them they may possibly come to your home and check everything in order but that’s all as that’s what my sister was told.

Then I would suggest if you can then taking the father to court and getting an arrangements order for your child so you both know where you stand.

Hope you get it sorted.

[CastleDad]

Hi birgit

You are best to seek legal advice and my comments are not to be taken as advice but in my experience…

Has there been any court order? Has there been social services involvement? If not..

As you should have PR you can take your child from school, as long as it is out of school hours otherwise they may contact the LA and it would look bad during school hours, you would have to have a valid reason. I assume that the school knows you are the child’s mother.

You should only do this if there are safeguarding issues and even then you would need to apply to the court immediately. If there were safeguarding issues with father, social services should have already been involved.

If there is no safeguarding issues with father then you really should just go down the court route. As long as the courts are not particularly busy you should get a first hearing fairly quickly and they can put in immediate contact arrangements or return of child until the court finally concludes. If  child was with you primarily and only had contact with father I am a bit surprised that you have not gone down the legal route already. You may have to go to mediation first but there are exceptions to this. That final conclusion could take many months if it drags out to final hearing.

 

 

 

[H]

My sister was told that it wouldn’t go to court as priority as it was there dad and he has parental responsibility and if she wanted to collect her child from him she could as it’s classed as domestic they wouldn’t get involved unless the child wasn’t happy to go with her. Then she would of had to wait until it went to court to get her back but because she was happy to she returned home but still took it to court and now they have an order in place.

[CastleDad]

Will also add, it will look bad on father if child was primarily with you and he just kept your child without going to court. Feel free to message me privately.

[CastleDad]

H

It does depend on any other issues involved but the court will likely to set up a quick date especially if the child is young. This would prevent a daily battleground at the school gates. Got the ti-shirt twice.

Unfortunately Birgit appears to have left it a bit long, which seems a bit odd.

 

[H]

Oh yeah I understand that castledad this is so awful that this even happens tbh I just think how can either parent do it to the child by stopping the other parent seeing them it’s damaging the child and there the ones that get hurt in the end.

[CastleDad]

There are good reasons insome cases to take child due to safeguarding but yes, if it is just one parent being spiteful to the other it’s terrible.

I do believe that there is more to this case though.

[Author]

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