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My recently seperated wife left the house back in August, took 2yo with her and disappeared for three weeks...then got her own place and keeping hold of our child.
After some discussion, and legal threats, she allowed initial one night access, and via mediation, two nights.
Everything else however is just hellish arranging holidays, aggressive requests for things, money, all difficult.
What is, could happen however, as no legal agreement is in place, if I was not to return our child and she was
to stay with me. I assume she'd force a residency order, but this could take months no?
Is taking things into my own hands advisable?
Hi Supersonique,
If you were to not return your child then she would undoubtedly call the Police and I am thinking that unless there are grounds then to leave them with you the Police may well return your child to the mother.
If this was the case then I would expect a judge to take a rather dim view of you for doing so.
If there are however safegaurding issues that forced it you would want to apply immediately for residency whilst your child was in your care.
Its difficult without knowing the full facts of your situation but I would suggest that it is probably more adviseable to apply immediately for residency and a contact order.
Court would expect you to have tried mediation which it sounds like you have without great results but maybe you need to try mediation again and then if it yields nothing then apply to the courts.
The point to remember is that by applying to the courts it is almost certain your ex will make things difficult in the interim so expect less or no contact until the court grants you contact.
Now I am not trying to put you off but just setting expectation as in my own personal opinion it is best to get to court asap as delay gives the mother the advantage of saying that the current contact works well and the longer the dealy the less contact in my opinion.
I was granted 5 out of 4 days at the first hearing which is good compared to others however I am requesting sole residency as there are physical and mental issues with my ex.
Wait and see what other advise is offered by others as there are a lot of switched on people on the forum but my own opinion is get to court asap but this will cost you time, money and some of your sanity...its a bumpy road.
Regards,
Dave
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