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URGENT HELP TONIGHT PLEASE!!!!!

  • redrockade
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21 Jun 12 #338176 by redrockade
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HI,

up till 3 months ago i had full contact with my 3 children, 6,8 and 10 all boys. 3 months ago at a court hearing I stopped the contact to give the boys a break from the pressure the mother was putting on them to stop seeing me knowing she would change her m,ind again soon as normal. Tonight my middle boy aged 8 has ran away from there to my house. he was in a real mess and said he had been hit. the police have come to see him and have got the paramedics to come and write a report. he does have a mark on his head. the police have also called social services to come and see him as they feel it is assualt. he loves my wife and his step mum and is pkleading not to go back. As I have no contact order i do not want to breech it by seeing him. I am hoping social do not send him back and i can get an urmergency hearing tomorrow. Am i within my right as his dad with full PR to keep him until a court hearing?? He has stated to the police that his mum and step dad are very aggressive to all of the children, so I shall be asking for full custody. If he is sent back im sure he will run again and may not come to me if he thinks he will be sent back and he will be on the street. He is very strong minded and will not stay if he is unhappy. Please any help!!

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21 Jun 12 #338180 by ozzywiz
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At the previous court hearing was residence given to your ex ? . if so the child will have to go back untill a judge decides otherwise. if not then yes i would say keep him there till you get emergency hearing. .

Go to court first thing tomorrow and ask for an ex parte emergency hearing as a serious welfare issue has arrisen. .

Please let somone confirm what I have said as im no expert as just learning myself.

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21 Jun 12 #338186 by redrockade
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she has always had residence and i have always had a contact order. The police have said they are treating it as assualt and are waiting for the social services to come and make an assesment. Have the social services the power to override the order temp until the court hearing?? It seems so wrong that i would have to send him back to a house where he has been assualted

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21 Jun 12 #338187 by ozzywiz
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If a resedence order is in place then she can demand the police return the child. But the social services can intervene and under emergency action can place the child with whoever they see fit including temp foster carers untill court.... Good luck and hope it gets sorted. hopefully somone will advise soon who knows more than me.

  • jslgb
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21 Jun 12 #338188 by jslgb
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I would imagine the police and SS will be able to assist you better in this. If its a case of assault i would imagine they wouldnt make you send him home but i do think this is a wake up call for you to reinstate contact. I dont know your circumstances but i do find it odd that you have just given up contact. I appreciate things can become strained but eventually it will settle down and surely thats more worth it than missing out on your children.

I hope your son is ok xx

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21 Jun 12 #338190 by redrockade
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I gave up contact because the kids were being ripped apart by her for seeing me. she has bipola and i knew that it wouldnt be long until she had enough and asked me to have them, at that point i would step in and agree to have them, but on a court order that reflected what was happening etc.

She stated in the last court hearing that she would use our eldest son in court if possible and i couldnt put them through that. i didnt expect this to happen though, needless to say i shall be back at court in the morning regardless, but it was what to do tonight i was concerned about. I have made it clear to the police that as they are treating it as assualt on an 8 year old that he cannot go back, im just hoping that the social services tonight make the right decision as i have little faith in them so far

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21 Jun 12 #338191 by jslgb
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I dont know if its the case or whether its a good idea but i am sure i read somewhere that even a residence order cannot stop a parent with parental responsibility from refusing to return a child.

It stuck in my mind because i was adamant i wanted a residence order to ensure my stbxh brought my dtr back and it surprised me that this might not be the case.

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