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My daughter goes to her dads every other weekend, we have a

 
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  • Answered by:claire
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Customer Question

My daughter goes to her dads every other weekend, we have a court order from 2008 stating that I the mother must make our child available every weekend for contact Friday to Sunday... however we made and signed an agreement between ourselves dated September 2010 to change contact to every other weekend from Friday evening till 7pm Sunday. My ex still has my daughter and refuses to drop her home... this is not the first time he has done this. He will not answer his phone and has txt to tell me I will not be seeing her again and he is going to enrol her in scholl close to his house (45min drive from my house). Surely he can not do this?? What should my next step be as I know my daughter would not want to be there... she knows she comes home every Sunday.

 

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I have rang the police and they did a safe and well check last night. Other than that they will not do anything other than accompany me if I go to his house to get her later as he has a history of violence.

Submitted: 380 days ago.
Category: UK Family Law
Value: £28
Status: CLOSED
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Expert:  claire replied380 days ago.

HI
How old is your daughter and were you granted a Residence Order when the Contact Order was made?
Claire

Customer replied380 days ago.

Hi Claire,

 

My daughter is 6 and she has always lived at home with me and had contact with her father for the last 3 and half years. I do have a residence order but can not find it. I know she will be getting upset and wanting to come home ready for school tomorrow. Thing is I dont just want to turn up on his door and have him ignore me plus it won't be good for my daughter to see I am waiting outside but her dad will not let her out.

He messaged me to say he is going to apply for a permanent residency and I cant take her home until a section 7 report is done? He has no reason to keep her away from me, she has a stable and happy home here, he is just being spiteful. Plus he is a recovering alcoholic and drug abuser.

 

Surely he can not get away with this????

 

Nina

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Expert:  claire replied380 days ago.

HI
If you can find the Order then by all means take it and the police with you to try and recover her.
If not then first thing tomorrow you can apply for a "production" order which would allow the police to recover her.
At the same time you can ask for an interim order placing his contact in hold until matters can be properly dealt with
Claire

 
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