My partner has left home with our son

damsidebear

daska wrote: »

You need to inform your solicitor about this asap. Leave them a message if they're not in. Assuming the rules are the same in Scotland as England she's done it without your knowledge which means she's made a false statement on the application. How did you find out and what did they recommend?

I'm actually going to see him later this afternoon so i'll inform him then, i found out by speaking to the head at my sons existing school who simply informed me that if my son turns up at the other school tomorrow for talking sake then his records have to be transfered there! can't understand that one bit!?

damsidebear

neneromanova wrote: »

Why can you not just go round to her house and pick your son up?

She is refusing me access unless i go through my lawyer thats why; or i would have picked him up already!

daska

damsidebear wrote: »

I'm actually going to see him later this afternoon so i'll inform him then, i found out by speaking to the head at my sons existing school who simply informed me that if my son turns up at the other school tomorrow for talking sake then his records have to be transfered there! can't understand that one bit!?

Ring and leave a message now, it might make the difference between getting a court date sooner rather than later.

damsidebear

Am i correct saying getting a court date can or will take a couple of weeks rather than a couple of days?

clearingout

in England, you can get an appointment the same day in an emergency - I think this is situation is one. You have to sit in the court with the correct paperwork and wait to see a judge. Your solicitor will help you with it all.

daska

Let's put it this way, the later you leave it to get your solicitor moving, the longer until it gets to Court. With DSD we rang the solicitor late Friday afternoon, saw her noon on Monday and were in Court at 9 on Tuesday.

neneromanova

damsidebear wrote: »

She is refusing me access unless i go through my lawyer thats why; or i would have picked him up already!

I thought you were the main carer though as you get the tax credits/benefits and he has everything at yours? Can you not just go to the police and say she is holding your son, won't take him to school and you are worried for his safety or something like that?

clearingout

neneromanova wrote: »

I thought you were the main carer though as you get the tax credits/benefits and he has everything at yours? Can you not just go to the police and say she is holding your son, won't take him to school and you are worried for his safety or something like that?

the Police are next to useless in these situations, unfortunately. The best they would do (which is unlikely) is go round and check the child is OK. They would then refer dad to the court system. My ex refused to return our breastfed 10 month old baby for whom I had a Residence Order and the Police apologised but said they couldn't do anything. It's very frustrating but I guess they genuinely have better things to do than get involved in what is a domestic issue.

damsidebear

Just a quick update folks, well it's been over a week since i have seen my son now, a writ was delivered to the Ex's house Tuesday past, a court hearing took place yesterday she did not have representation at the hearing! the judge/sheriff officer did not see fit to make a court as yet as my ex has a 21 day period to enter an action! I eventually managed to speak to my son last night which made things a little bit better as i am really struggling due to not seeing him! it's breaking my heart, but just thought i would give you all an update and I'll keep you posted with any other events, what i can say is this my Ex made it perfectly clear that she will drag this out for as long as she can! and can anyone answer me this, what will happen if she makes no action within the 21 days? does the judge then make a court order for the return of my son or????? thanks again.

kelpie35

Sorry can't offer any advice on your question. Hope someone comes on very soon with advice for you.

Try to stay strong I know it is hard for you.

Take care and I will be thinking about you. :A