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my girl isabelle have lived with me for 3.5 years,,she is 4 on 7th oct,,mum took her for a day out and says she is keeping her and i carnt see her,,nither of us have resadencey order,,wher do i stand if i pick her up after theis weekend viset with her gran,,my mum..
You could call the police and explain that your daughter lives with you and has done for the last 3.5 years, that her mother has kept her after a contact visit. Tell them that this will be very upsetting for your daughter and you wish to get her back...they may support you, they may not....it's worth a try. If you have hade care of her because of any risk that the mother poses, tell them about that too.
I would say you are within your rights to pick her up from your mums, do it early so there's no chance of the mother taking her again. It would surprise me if she drops her at your mums though, in case you get her back!
If you get her back, stop all contact with the mother and apply immediately for an emergency residence order. You should be in court within a day or so and as your daughter has lived with you for so long and as long as there are no safeguarding issues, the court should grant you residency. Even if you are unsuccessful at getting her back you should still apply for an emergency residence order, time is of the essence here.
There is no longer legal aid for private family law cases so you will either have to,get a solicitor or self represent, there are many here that do just that so you will get plenty of advice and support. If you are on a low income or on benefits you will be entitled to an exemption from court fees, if not then it will cost you £200 to apply for the residence order. There are a couple of stickys at the top of the Legal Eagle section about self representing and another about the C100 form which is the form you would need to apply for residency.
Yes, you definitely would have the right to pick up your daughter! AS NJ says, if you do that, refuse contact and apply to the Court for an Emergency Residence Order.You can go to Court tomorrow to get one! 🙂
Agree with above,
Apply to the Court as soon as possible to get an Emergency Residence Order, the longer you leave this, the more difficult your ex will make it (and also the Court for that matter).
- Samaritans – call 116 123
- Shout – text the word ‘Shout’ to 85258
