Need Advice About My Child

[Ian09]

For the second time in 5 months my partner has decided to do a runner with my daughter, i have the police involved this time and they are on the case in searching for them both and they are down as missing persons. The first time it happened i went over to her parents house and seen my daughter on the stairs and they had the police there who then arrested me on breach of the peace and i was bound over.

My partner has taken the rent money from the house and gone missing, the police still cannot come up with where she is or wether they are safe or not, she has not been in touch with her dad, only her mum to say she is ok, but i think she is with her mum and she is lieing.

My daughter has lived in our house for 2 years (she is 3 in may) i don't want her moving in with my partners mum and dad which will happen as they are always being evicted their houses due to none payment of rent, my daughter is stable here in this house and knows where shes lives, and we were in the process of getting in school for 15 hours per week at a school just around the corner. I want to go for residence of my daughter and being the father were do i stand?

Any adive appreicted, if you need to know more please ask, im all over the place at the minute, i dont know where my daughter is or how she is doing and i just want her home.

[enaid]

Re: Need Advice About My Child

Hello Ian,
A very sad situation for you at the moment, I am sorry but I am not the one who can advise you on such matters. I do hope someone will be able to offer you some advice and soon. I hope that you soon get the matter sorted if only for your little girls sake.
Enaid x

[Luminol]

Re: Need Advice About My Child

Hi Ian

I too am sorry to here about your circumstances, I have found some information resources, give you something to look through, for the time being:

What is a Residency Order?

Who can apply?

What I can say is that my husband applied for a temporary residency order whilst his ex-partner was on a Mental ward, it took us about 1/2 day at the court, and my Father in Law sorted out the paperwork, through the court, we didnt have a solicitor or anything.

My Husband had to talk to the judge to explain the situation, and then she was served the order whilst still in Hospital. Admittedly we did already have the child in our care at the time, and once her mother had recovered and proved to the court she had recovered we gave up the order.

Lumi x

[Celestine]

Re: Need Advice About My Child

Ian

Contact Families Need Fathers immediately. They have local groups and legal advice.

Families Need Fathers


I used them in the past and found them very proactive.

They are nothing to do with Fathers for Justice!!

Fathers rights are improving and even though you are not married, your child's residency at your property for the last two years will be significant.

Rushing out now, will check back on you later.


Best of luck x

[Ian09]

Re: Need Advice About My Child

Heres more detail.

On Thursday 4th March, my partner went missing from out family home with our daughter who is 2 and a half. We have not married but i do have parental responsability as i was at the birth registration. I have still had no contact from her but have spoke to her parents who apparently do not know where she is.

I found email messages on one of her accounts suggesting she may be planning a move to germany to live with this other bloke who she had an affair with in september last year. She done the same in september last year, went missing with my daughter, and messages were found about her looking for house in germany. I ended up getting arreseted the first time it happened on a breach of the peace charge and was bound over to the sum of £50.

I have the police involved this time as i was concerned about my daughters where abouts, she has now been in to the police station and said they are fine, this happened on monday. I was in court tuesday morning and got a prohibited steps order granted and a court order for her mother to reveal her were abouts so my ex can be summoned to court.

I have also put in for a residency order, my daughter lived in this house with the both of us for 2 years and she had just started going to play school 1 day a week in a school that is around the corner from our house and on the 16th of march she starts going for 2 days a week from 9 til 3.

Am i right in going for a residency order, i am her father and want the least interuption in her life, she loved school to bits and always went on about it. Now i know my partner is going to move in with her parents and say she lives there as this house is private rented and in my name, she is not on the tenancy agreement.

Her parents have had 3 house in the last 6 months as they never pay their rent and end up being evicted.

Avice appreciated, i am at my wits end here i havent seen my little girl since thrusday afternoon when her mum was meant to take her to school but she didnt.

The police know where she is but will not reveal her where abouts to my solicitor so she is trying to get us back in court and get a court order which says the police have to tell my solicitor where she is so she can be served her court papers.

It's been 7 days today since all this kicked off and i am totally in bits, it's so hard not wakin up in the morning to my daughters voice, it's killing me.

thanks

P.S, sorry about the links in the thread i have it posted at another forum and copied this post from there as it is in more detail, remove them links if you wish.

[Celestine]

Re: Need Advice About My Child

Hi Ian

I can assist you with broad basics. I fought a successful case against leave to remove from the jurisdiction for my partner regarding his son.

Firstly, I reiterate, please join FNF, they have local support groups and discounted legal advice. You will get a hell of a lot of support.

OK, your child's 2 yr residency in your safe and stable home will help your case. Your child's happiness at school is also quite important but not essential due to her age.

Your ex partners chaotic previous behaviour will count against her, but your previous outburst will not be helpful, although not too damaging as you were seriously provoked and scared.

You have done the right things with prohibitive steps order and residency order. It can't hurt to ask for everything but be prepared to compromise in the middle.

Relative case law in your case is Poel v Poel [1970]. Essentially, the mental well being of the primary carer would be considered of higher significance than the well being of the other parent due to the likely impact on the child of living with a distressed parent. This has repeatedly been used as a successful basis to be permitted to leave the country.

Your ex partners case to leave does not sound too promising. She would need to demonstrate a happy, stable relationship with the man she plans to be with. He must be well employed and your ex partners health and well being would have to be shown to be harmed IF she did NOT go to Germany. I suspect she will find this hard.

Also reform of the Family Law system is having a positive impact on fathers rights.
You need to keep a detailed diary, try creating an accurate record of your daughters life, including events over last year. Keep your diary up to date, record notes or transcripts of every phone call, every contact, every incident.

If you want to win this though, you will need a good solicitor, you can do an awful lot yourself, such as writing statements, but you can't really do this totally alone.

Also, if you really want to have a role in your daughters life, you must be able to demonstrate that you support her mum. No court will award a child to a parent they feel will alienate the child further from the absent parent. So try and keep everything amicable and pleasant, no matter what.
Good luck

[Ian09]

Re: Need Advice About My Child

What kind of stuff should i put in the said diary?

I have sent messages and text messages to my ex stating i would rather sort this between me and her rather than go through the courts, i would not dream of keeping my child from seeing her mum no matter what she has done, i just want the best for her and at the minute the best for her is to be here with me in the home she knows is hers.

[Ian09]

Re: Need Advice About My Child

Bit of good news today, still not the best but i have been in contact with the passport office who told me my daughter does not have a passport nor are there any pending applications for one. My solicitor has also had a letter today confirming this so this is a big weight taken off my shoulders but it still does not bring my daughter home.

Atleast the worry off her taking her to another country is out of the question for a bit.

[racheal]

Re: Need Advice About My Child

Hello, I need advice on my daughters father, he's wanting to see my daughter after nearly two years of walking out of her life, & in that peroid of time ? He got stabbed twice, been looked up more than enought, also used & sold drugs, aslo been locked up for asault, been in a mental hospital, even got a threet on his head off some big drug dealer ? Now he's wanting to see my daughter I am scared encase the courts say he's aloud contact as its putting my childs safety in danger, any advice or something to eas my mind ? X

[PlanB]

Re: Need Advice About My Child

Hello, I need advice on my daughters father, he's wanting to see my daughter after nearly two years of walking out of her life, & in that peroid of time ? He got stabbed twice, been looked up more than enought, also used & sold drugs, aslo been locked up for asault, been in a mental hospital, even got a threet on his head off some big drug dealer ? Now he's wanting to see my daughter I am scared encase the courts say he's aloud contact as its putting my childs safety in danger, any advice or something to eas my mind ? X

Racheal, you've got mail

There are posts on your new thread which you started here:

http://www.legalbeagles.info/forums/...-He-get-access

Please let us know how you're managing. We're here to help :grouphug:


Plan B x