Seperation, Child & Housing- Help Needed

mookiandco

The police are unlikely to get involved unless you have a Residence Order. Without it the police cant remove the child and hand him to you just based on your say so. You have every right to be in the matrimonial home but you cant change the locks. I would suggest that you get legal advice from a family solicitor first thing in the morning. Most will offer a quick appointment if you tell them whats happened.

They will advise you as to whether you can apply for an Injunction and/or occupation order (regulating who is in the marital home ie whether he can return etc). However, based only on the information you have given, I am not sure that you would be successful in getting either. Injunction/occupation orders are usually granted on an emergency basis by the courts where there has been a recent incident. Usually only physical violence is enough as one incident (or more) or cumulative regular verbal/emotional abuse.

However, if your OH wont give your son back then you may be advised to apply for a Residence Order on an urgent basis. You may only get an interim residence order (until the court has heard your OH's side of the story but the court can also order that he is returned to your care and you can ask the police to accompany you to get him. If your solicitors make this application then they will usually apply for an injunction at the same time anyway and let the Court decide whether it is warranted.

gizmo111

Soubrette wrote: »

May my eyes fall out but I agree with Fang (don't get too excited, I read your post before logging in Fang )

However, you could let your ex know that if he does not allow you to pick up your son or does not drop him off by 8pm (or whatever time) then you will be getting the police involved.

Give him half an hour to respond and then call the police and ask them to escort you down there.

He is using your son to bully you and that is unacceptable from anyone's point of view but especially your son.

I would also consider contacting social services and asking for supervised access for your son and his Dad in the future.

Sou

The police won't get involved if the child is safe with his father. The father has as much right to him as the mother and she walked out on him.
Social Services do not supervise contact in marital disputes - and in any event there is no suggestion that the father is a danger or risk to his child.
Have a read on www.ondivorce.co.uk

merlin1

how did you get on OP?

gratefulforhelp_2

Fang wrote: »

Phone the police and get them to go with you when you pick your son up.

I don't often agree with Fang but she has exactly the right words for this situation.

Please do it soon.

Fang_3

gratefulforhelp wrote: »

I don't often agree with Fang but she has exactly the right words for this situation.

Please do it soon.

He doesn't however, have a vagina. Well, in a jar. As a paperweight.