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Refusal by persons unconnected to child to handove

  • JN48
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4 years 9 months ago #471322 by JN48
Hi
Before Christmas I went to collect my kids from their mothers address for Christmas which alternates. I have Shared Residence, full PR and times are by Court order. Unfortunately my ex made an error by 3 hours over the time. She would not cooperate with a resolution and asked me to wait. She was in fact at work and had left the kids in the care of her boyfriend and friend respectively. I went to collect but neither of these parties would give me my children. They refused and shut doors in my face. I am aware that if the mother did this in person it is a Civil issue with remedy for breach in the Family Court but if persons ''unconnected'' to the child do it I am sure it is a criminal offence covered by s2 Child Abduction Act 1984 and the Criminal Attempts legislation. Am I right.

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4 years 9 months ago #471330 by WYSPECIAL
Were the children abducted or did your ex leave them in the care of some responsible adults as she is entitled to do?

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4 years 9 months ago #471333 by JN48
She left them in the care of her boyfriend and her friend respectively. My understanding is that whilst she is entitled of course to do that delegating authority in some matters in 2huch she has PR for that delegated authority is extinguished upon the appearance of either parent claiming it back. The fact that the parents are divorced is an irrelevance in this matter.

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4 years 9 months ago #471342 by WYSPECIAL
Did they know who you are?

What had your ex arranged?

If it was the other way around and the person you had left in charge of your children handed them over to your ex or her parents etc without your knowledge would you be happy?

Did you contact the Police at the time?

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4 years 9 months ago #471344 by JN48
Yes they did know I was the Father. I have been acquainted with both for some years. In the case of the other way round whether I would be happy isn''t the issue. If the child parent comes calling for their child then if it was me I would not consider I had any authority to defy parental authority over the child. I would perfectly understand someone releasing my child to someone she knew to be the mother rather than defy her. If the mother had done wrong in collecting the civil courts would sort that out later. The issue is that only a fool attempts to keep a child from his parent behind a door. The differences between the parents are not their concern to judge. Both still have PR which supercedes delegated authority to care in lieu of a parent. I would refer to s2 Child Abduction Act 1984 re remove keep or conceal a child from person entitled to lawful control and the Criminal Attempts legislation. I am not a lawyer but I am hoping someone who knows about these things could give a credible opinion. How very dare these people defy a person they know to be the parent.

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4 years 9 months ago #471381 by WYSPECIAL
Your first port of call would be to report it to the Police but I would guess that it would be seen as a civil matter.

Even if it was reported to them I bet CPS wouldn''t run with it.

it probably wouldn''t help with your relationship with your ex either.

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4 years 9 months ago #471382 by JN48
I agree. The Police were the square root of useless. They were not even prepared to ask the person who took a series of photos of me and my son why he felt that had to be done. The Home Office duty to promote protect and safeguard the welfare of children out the window. It seems it''s okay to subject a 9 year old to that. So I agree with you. Although in terms of the relationship with my ex I should not have to tolerate that conduct given that I go have Shared Residence. It really doesn''t matter if I''m tolerant or not as the hostility is the same either way. Anyway,you were right about the Police. If I was wearing a dress it would be different I bet.

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