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TOPIC: She's taken my son away!

She's taken my son away! 1 month 2 weeks ago #95276

  • Yoda
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Use the court finder to locate your closest court that deals with family matters. As mojo says, urgent applications are usually dealt with by a judge, not magistrates. You would need to complete a C100 form and take this in person to the court counter at the start of a working day. You should either be asked to wait while the application is put in front of a judge or have an appointment made within 48 hours.

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I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

She's taken my son away! 3 weeks 2 days ago #95752

Hi. I've had a turn of events this week.

Firstly my son was with me last weekend as his mum was out on a hen night. As arranged she came to collect him on Sunday morning, at which time and out of the blue he refused to return with her. He was adamant and became quite histerical on not going back. After some discussion it was agreed he stay with me for a week and that I return him to Devon the following Saturday (This Saturday coming) which I have all intention of doing as he is missing school by staying here with me. She then promised to speak to my son on his return and then speak to me in order to try and work this out.
Today, literally an hour ago, I received a call from Exeter county court saying his mum has made an application to the courts and there will be a hearing on Friday morning at 10am which I need to attend. Apparently she has made a custody and access application.
What do I do? Obviously I need to attend but what should I say. I'm worried they are going to ignore how my son feels as he has not been asked to attend. I just want what he wants and he is insistent on moving back to live with me and his brother.

Obviously, this is happening tomorrow so any urgent advice would be appreciated

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She's taken my son away! 3 weeks 2 days ago #95758

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If your son is still with you it's good, go court explain to the judge son doesn't want to live with mum, she's moved, other son lives with you and this one does too.
Whatever you do don't let him go to her or else you won't see him for weeks maybe months. These type women are ruthless. You have to play ruthless too. It's in your kids best interests, he wants to be with you and his brother.

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She's taken my son away! 3 weeks 2 days ago #95759

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And try to get him back into his old school.

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She's taken my son away! 3 weeks 2 days ago #95760

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There's currently no court order saying child lives with mum, even if there was, your son as long as he's in your care when you go to court the judge will leave him with you,
also say son is refusing to go to mum, he's getting hysterical etc
order will say child lives with father. And you'll go back to court in a few months probably.
If child is with mum she'll get residency for now and even if judge gives you contact, she will probably not allow it and the usual excuses of son is ill will come in to play.

Good luck

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She's taken my son away! 3 weeks 1 day ago #95768

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Only just picked this up... hope it goes well for you today, explain to the court that you had liaised with the mother when she came to pick him up and she had agreed that he stay with you because of the leavel of his and his brothers distress.

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Not legally trained... just plenty of experience and common sense!
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