A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info

Help! My ex- will not return kids

  • CakesandFlowers
  • CakesandFlowers's Avatar
  • Platinum Member
  • Platinum Member
More
06 Sep 13 #406502 by CakesandFlowers
Reply from CakesandFlowers
Don''t want to teach you to suck eggs... but I''d take all the documentation with me where the allegations had been disproven by the court in the past with you too.

  • gladdad
  • gladdad's Avatar
  • Junior Member
  • Junior Member
More
11 Sep 13 #406885 by gladdad
Reply from gladdad
The Police should have returned the children to you as there is a residence order, and usually social services can take children into care for up to 72 hours before returning the parent with sole residence.

Try FNF (Fathers need families) and NSPCC for help - I would have considered an ex parte urgent hearing for urgent return of children immediately after non return and report to the police. But, you need a good makenzie friend to help you with court and preparing a strong statement.

You also need to get to the bottom of why the children have stayed with mum not you - also are they still attending school, as there is nothing to stop you seeing them at school... although that depends on your relationship with children.

Wishes and feelings may come into this depending on their age, but given you have residence already I assume there are good reasons for this. The longer with mum, the more the status quo argument will put forward.

Good luck.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
11 Sep 13 #406948 by Fiona
Reply from Fiona
Even when there is a Residence Order children not being returned from contact is a matter for the family courts rather than the police. The police have no authority to return the children unless there is evidence that children are being harmed or at risk of harm. Otherwise all the police can do is call round, check the children are OK and negotiate.

The court option would be to apply for a Recovery Order, directions or start contempt of court proceedings. The court tipstaff oversees recovery and may call on the police to assist. As you can imagine the process isn''t particularly pleasant for children therefore Recovery Orders are relatively rare. In a case like this when social services were involved it''s unlikely the court would take any action until social workers had carried out investigations unless there was an immediate threat to the wellbeing of children.

To answer the questions. As far as accountability is concerned the courts make orders to benefit children rather than punish a parent. If it can be shown that circumstances have changed and a residence order is no longer satisfactory for the children the court can make another order, but by the sounds of it that is highly unlikely in this case. Orders for no contact aren''t that common and generally speaking it is more constructive to argue for measures to be put in place to ensure contact is safe such as supervised contact and/or contact taking place at a contact centre.

Hope that helps.

  • geecee42
  • geecee42's Avatar Posted by
  • New Member
  • New Member
More
12 Sep 13 #406955 by geecee42
Reply from geecee42
Thanks for support, children services have done a section 47 inquiry, and action was taken, my ex for emotional abuse, and i said sometimes i chastise the kids, and denied the incident, with my daughter. Their wad a child protection plan initialated, were emotional abuse was primary, and chastising secondary, the children services, went on to say i do two sessions on appropriate behavior on discipline the kids, which i did. Then the would adhere to resedince order, but ex did not agree. Two further meetings attended, ex did not attend. I signed agreement with services, ex did not. Their us police Intel, that exs son involved with drug dealing. I rang police twice, ad informed ex was taking valium and cannabis. Police just did welfare check. Children services can not do anything else as it is private matter, police can not do anything as civil matter, so in front of judge today.
ex has put in application form, saying i abuse kids, and have restraining order, and threatened to take kids abroad.

truth is never had restraining order, no abuse as services want kids back with me and fully support me, evedince of reports done, no passports fir kids, so could nir take them abroad! Ex when baby was 2 weeks old sent him to live in Bournemouth,as she was not presenting well, took me 4 weeks to get him home..

ex has history of mental health and criminal behavior, had resedince order. With eldest son due to same reasons, drug taking and chaotic lifestyle.

kids say in all reports, want to come home with dad, mum refusing to act, upon it, no phone calls ib 12 weeks, services worried that mum has not taken baby to hospital on four separate occasions, and child had bad rash on backside, and not in appropriate clothing...

so as you can see i am worried as, i working with all parties ex just getting away with everyone.. Kids losing out

  • geecee42
  • geecee42's Avatar Posted by
  • New Member
  • New Member
More
12 Sep 13 #406999 by geecee42
Reply from geecee42
Went to county court today, ex was there, judge adjourned case till next week for oral evidence from social worker, even though I had submitted forms. Judge had to reprimand ex for shouting out and interrupting me and judge, several times... Told another district judge to listen to casr, next Thursday, and if all true, and it is, enforce resedince order. Still not seen my kids in now 13 weeks,no phone contact. Justice what a load of crap.... .

annoyed and abandon by British justice

  • Rumplestiltsk1n
  • Rumplestiltsk1n's Avatar
  • Platinum Member
  • Platinum Member
More
12 Sep 13 #407003 by Rumplestiltsk1n
Reply from Rumplestiltsk1n
just have a bit of patience. The truth will come out and the children will be returned to you. She clearly cannot be trusted and it seems that it is only a matter of time until she will be seeing the kids, supervised, in a contact centre for 2 hours on a saturdeay every week!!!

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11