I have residency of my daughter. Her mum has half holidays and alternate weekends.
Last Friday mum collected our daughter as it was her weekend and also her week to have our daughter. 3:30 tonight she has not returned our daughter home. AT 3:45 mum text and said that "she would be returning her home today. We have considered this deeply and taken legal advice and come to this conclusion that she must be safeguarded to the best of my ability and that is to keep her here at the moment."
15:51 to 16:10
I asked "What do you mean?"
reply "Exactly what I said"
ME: Specific, as your breaking the court order
reply: I am aware of that but ******* well being is more important than the court order
ME: What are you going on about?
reply "That is all I need to say"
I would ask her to confirm in clear and concise detail as to why she has kept your daughter without prior agreement. The reasons provided so far by her are vague to say the least. Not sure if she is proposing to self-islolate as your daughter has picked up Covid-19 symptoms whilst in her care over the last week. Either way, she needs to provide confirmation to you as to why your daughter has not been returned back into your care.
This response is not good enough, tell her to give your clear and precise reasons. If you are on talking terms then tell her to call you but always follow it up with an email in case it is required in the future.
Still no idea what is going on, no body is helping or can help. Children's Services are aware of the situation but all they say is go to court!!! So really despite a CAO no one can do anything as its a private matter
if she's going to keep your child there during the lockdown, then she should allow you to have video calls. if she does not allow that then only option is to return to court. you could send her a message about this, or post a letter to her. mention taking the legal route at the end.
Where, either as a result of parental agreement or as a result of one parent on their own varying the arrangements, a child does not get to spend time with the other parent as set down in the CAO, the courts will expect alternative arrangements to be made to establish and maintain regular contact between the child and the other parent within the Stay at Home Rules, for example remotely – by Face-Time, WhatsApp Face-Time, Skype, Zoom or other video connection or, if that is not possible, by telephone.
The key message should be that, where Coronavirus restrictions cause the letter of a court order to be varied, the spirit of the order should nevertheless be delivered by making safe alternative arrangements for the child.
Mum was already getting her weekends with our daughter and was working, she collected her on the Friday, and I picked her up.
It was her weekend and first week of the Easter holidays when this came to ahead. Social Services say that were aware of the situation, but I only found out Friday teatime she wasn't bringing her back.
Childrens services were going to see daughter today, but that's as much as I know.
I have filled in the CAO Enforcement paperwork, now just need to find the money to put into court
you could tell police that your worried about your kids as mum not saying anything. they can go have a chat with her and should be able to get clear answer. they will be same like childrens service and will tell you to take it back to court.