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need advice and rights that i have my other half and i have recently had a huge demestic and its finished between us she kicked me out ov my own house so i stayed at a mates for the night, when i returned she informs me shes giving the house to me and taking our son whos 1 years old to her mother in devon which is 250 miles away from me both names are on the birth certificate, she says to me shes not too sure if shes coming back or not and keeps playin mind games with me, i am currently her carer as she has mental health issues as does her mother who she is staying with, the police have been informed and so has child services but at this moment in time there is not alot they can do i would just like to know some advice or know where i stand, im missing my son like crazy and all ive got in my head is i will not be seeing him for awhile and it is killing me.
Hi Sparkster and welcome 🙂
Sorry to hear about your troubles. Has she already left the family home and gone to Devon? If she has mental health issues, does she have a CPN that you can talk to.
thankyou and yeah she left yesterday morning and just took him without my concent, and yes already spoke to them and seeing them next tuesday but dont know what exactly they can do to help.
....Its a tough one 🙁
What is your employment status, if you are unemployed then you would be entitled to Legal Aid so I would advise you get yourself a solicitor ASAP and apply for Legal Aid. If you are concerned that because of the mental health issues of both your ex and her mother, your child is at risk then you may be able apply for an Emergency Residency Order, it is possible to ask the court to hold an emergency hearing for interim residence within a few days. Once this is in place a recovery order can be granted so that the police can act if necessary to return the child. The court would then look in more depth at residence for the long term and ask for any reports to be carried out to help them make a decision. You would need to discuss the possible options with a solicitor.
This action would only be possible if the mental health problems that your ex suffers from are serious enough to warrant this type of intervention. Has she been hospitalized or is she on any strong medication such as anti psychotic drugs which can have debilitating side effects.
Its very difficult to get any kind of action at the weekends, although there should be a child protection team on duty 24/7. I would telephone them and tell them in your opinion your child is at risk, point out that if your ex is poorly enough to have an acknowledged carer then she wont be capable of looking after your child independently. Tell them you have a meeting lined up with her mental health team on tuesday and are planning to go for emergency residence. If you had responsibility for most of your childs day to day needs, then again tell them this.
thankyou yes i am unemployed and i have a solicitor appointment for legal aid wednesday, and no shes only on depression tabs BUT she was meant to get reassessed with a psycologist but never went. i will do anything i can to make sure my son is in the best welfare thats my main priority, her mother has had child services involved before and does self harming and takes atleast 20 different types ov medication a day this i know, end ov the day i just want to know my rights about seeing my son and making sure hes safe.
- Samaritans – call 116 123
- Shout – text the word ‘Shout’ to 85258
