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Child taken from home and uncontactable

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  • Child taken from home and uncontactable

    My wife has taken our 3 year old son from home and has switched off her phone, refusing to speak to anyone. This is without warning. we have had no marital issues.

    She has taken her and my son's passport and his birth certificate. She recently got her British Passport a week ago after I supported her immigration process.

    My son has ongoing health issues and is missing school and health appointments for learning difficulties. For around a month, she has also been abusing him by hitting and punishing him inexcusably. I thought this would pass in time due to stress. I suspect they may be at a Women's Shelter, or a friends home, but the Police will not reveal their location due to data protection and deeming they are 'safe'.

    I have applied and submitted an Urgent Child Arrangement Order and a Prohibited Steps Order via a solicitor due to the abuse, child missing in education and risk of fleeing the country. Of course this will be a negative impact on my son unless he is returned to me.

    How long do these cases take? What are the realistic chances of my son returning home in this type of case?
    Tags: None

  • #2
    Your solicitor should be able to answer those questions. He or she should have an understanding of typical timescales inthe Family Court in your area, and presumably has more information than you have been able to give in that fairly short post.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      Your solicitor should be able to answer those questions. He or she should have an understanding of typical timescales inthe Family Court in your area, and presumably has more information than you have been able to give in that fairly short post.
      They have said it may take a week, but i would like to know more about other experiences and cases of a similar nature that have ordered the return of a child to his registered home and school. Is it likely to happen if its in the interests of the child?

      Comment


      • #4
        Under the Children Act 1989, the welfare of the child is the court's paramount concern.



        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          Under the Children Act 1989, the welfare of the child is the court's paramount concern.


          What does welfare cover exactly? School and Health are both arranged at home for the child, where he has been taken away from and isnt attending. Hoping the Prohibited Steps Order will stop his school and doctor from changing, but in that time I believe schools struck children off after a month of absence. Interim Order to have him back home is the best case.

          Comment


          • #6
            Welfare covers everything relating to the child. You may find it useful to read the Children Act 1989, not least section 1: https://www.legislation.gov.uk/ukpga/1989/41/section/1

            See also: https://frg.org.uk/get-help-and-advi...are-principle/
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

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