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well afternoon and first things first hi my names minty and im new hear
i really need some advice and fast befor it costs me loads money. 2 weeks ago my son came to stay for a week well he was hear some safegurding issues came up and i did not return him i went to social services and the police which they are happy for my son to stay with me at this time and not to return to his home. the problem comes when im not on my sons birth certificate he was born before 1 december 2003 cause i believe this helps. i did tell her i was not going to return him and have had no contact scince as to her hes just a bag of money now ive been told shes going to hand my son over to her mum his granmother i need to one stop this happening but also he dose not want to go back to that area i live up in the northeast at the moment but im looking moving back to manchester in time
he has told the police he dose not want to go home and up to now they are listenning i have been to a solicitor but at 150 pounds an hour cant keep going back i need to stop all of this
can someone please advise if she can just hand my son over or do i have a bigger figh on my hands than i did when all this started 2 weeks agoi?
thanks guys
Hi minty and welcome.
Can you clarify a couple of things - is your son still living with you? Were you ever married to your ex?
Finally, did you engage a solicitor, or did you simply go for a consultation?
Thanks
yes my son is still hear with me he says if he is made to go home he will run away
i have never been married mate which i no makes a diffrence
i had a consultation she advised to leve it in the hope his mum dose not contact me which she hasnt
Thanks for your reply - since you don't have a solicitor, I'll ask the CCLC to pop on and give some advice, so keep checking for their posting.
Dear Minty1
Thank you for your post.
We would need to know the age of your son in order to advise in full.
However, the current situation appears to be that you do not have Parental Responsibility for your son. This means that the mother is the sole holder of PR and has sole rights and responsibilities towards him. However, there are steps you can take to acquire Parental Responsibility.
You could speak to the mother about a Parental Responsibility agreement. This would be where the mother would agree to you having PR and you would both sign the agreement form together. The form needed for this is a PRA1.
If mother does not agree, then you have two options. The first option is to apply for a Parental Responsibility Order which can be done on a C1 form. The second option is to apply for a Residence Order. This would secure your son residing with you and grant your PR at the same. The form you would need for this is entitled a C100.
All the forms mentioned can be obtained from www.justice.gov.uk or from your local family proceedings court. There are fees for the applications mentioned however you would need to check with the Court for the up to date costs.
If you require any further advice or to discuss your case in further detail please contact us via our wwechat facility which can be found at www.childrenslegalcentre.com and is available between 9a,-6pm. Alternatively please contact us on our freephone advice line open 8-8 Monday to Friday on 0808 8020 008.
Yours sincerely
CORAM CHILDREN'S LEGAL CENTRE
hiya guys
well things sort of coming together now im in court on tuesday for a court order as shes not rang or anythink
just found out thats shes going to court next week but i dont no which day for the same thing but for him to be returned. we have been and seen social services and shes more than happy that my sons happy hear and dose not want to return to wigan were his mum lives i live in hartlepool. now hartlepool police and ss say theres a case there for him to stay with me well an investergashion gose on but ive been told that the wigan ss say theres no iseue
my son says if he is to be returned to wigan then he will run away from home and he will keep doing it untill someone listens to what he wants
he has to go to court with me on tuesday and the social worker wants him there with us cause they will take him on more than me and others attending im just scared her cause will be heared on monday and he will have to return back to wigan
dose anyone know what day is family court day at wigan as ive tryed looking and cant find anythink plz say its wednesday and then it will b e to late
thanks for your support and help
I find it very surprising that you haven't been notified of the hearing in Wigan as I would expect that the court would want to hear your arguments, and also want reports from the police and ss.
Are you positive that she has a hearing, or could this be something she has made up to scare you?
i really dont no mate but this is what im told
as i say im in court on tuesday and ss are totaly backing me from my end of things and the wigan end dont seem to no whats happening
It's tricky to know what to suggest. I would have a word with ss and also the police tomorrow. If by some chance, your ex has got a hearing tomorrow and they order the return of your son, there would either be a time limit by which you have to comply - in which case you will have your own hearing before then, or the police would be involved, so if you have a contact number for a police officer who knows your situation, you can back up your claim with a friendly policeman.
ive got police on my side up hear they been a few times now and seem to be happy with whats going on and hes better off with me but will my order over rule her order
i can see another sleepless few nights
and another night of [censored]
Generally, I believe that the latest court order is the one that counts - however, I still don't think a court would rule against you when you haven't even been told there is a case, they want to hear both sides of an argument before coming to a decision.
i got my court order and shes ment to be up hear for a hearing on tuesday next week now shes got a hearing on tuesday next tuesday at wigan and will not attened mine which is going to look bad on hear cause my aplicashion has already gone throu
Have you told children's services about these dates? I am sure that the cases should be rolled into one.
yes they no but as shes in wigan and im in hartlepool how will they do that
theses a 3rd case now all 3 in 3 diffrent courts 2 diffrent children
surely cause mine was first the 2 for me and her should be up hear as i got my case hurd first and we have the ball rolling
im in hartlepool ive got my son with me throu a court order
my ex is in wigan to get a court order to get him back
and her ex is in blackburn court get court order to get his son on the baces i have a court order and he has concerns
so we have wigan hartlepool and blackburn court all on at 12 oclock on tuesday shes got court papers from hartlepool to be at hartlepool court for a hearing but shes going to wighan for her sit and wait hearing and not even bothered about the blackburn one
if she dose not attened hartlepool surely this will look bad on hear
I have asked the CCLC to come on here, hopefully on Monday. I am sure that the court in Wigan would expect to see you there, and for you to have been served with papers beforehand, but I think the legal experts are the best to advise now.
It may be worth clicking on the link to their site on Monday and using their webchat facility because of the short time available, but let us know how you go on.
Dear minty1,
It would be advisable for you to contact us as there a few points that need to be clarified in relation to your situation. You can contact us via our webchat service which is open 9am-6pm or alternatively via telephone. Our number is 0808 802 0008 and the lines are open 8am to 8pm.
Yours Sincerely,
Coram Children's Legal Centre
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