My partner has left home with our son

daska

I doubt any of us can answer that question categorically. But if she doesn't bother to respond she won't be doing herself any favours. Best of luck.

damsidebear

anyone have an idea of what happens regarding my question above?

DVardysShadow

damsidebear wrote: »

anyone have an idea of what happens regarding my question above?

You probbaly won't get a useful direct answer. Once things enter the world of courts, it is a different planet. Essentially, not having read the whole thread, when one party is determinedly bloody minded enough to play the court system and drag things out, the best thing to do is not to react to it or attempt to force compliance except through the court itself.

At some stage the court will see things for what they are and become progressively tougher in enforcing their will. But it takes time, because they prefer to let people hang themselves slowly. In a perverse way, the ruling that your ex has 21 days to enter an action is probably a ruling in your favour. Courts make it easy for the parties they disfavour to hang themselves and they make the parties they favour jump a higher bar to prove their case.

You need to learn patience. Because you will need it.

daska

Sorry damsidebear, DVS is right, it just isn't possible to second guess the outcome. It could range from it being decided instantly in your favour, in her favour, being referred to CAFCASS for a report (which might take several months) with the child remaining with mum, or returning the child to you while they wait for the report. It really isn't as simple as x+y=z. Wish it was, Court cases would be shorter and very much cheaper!

damsidebear

DVardysShadow wrote: »

You probbaly won't get a useful direct answer. Once things enter the world of courts, it is a different planet. Essentially, not having read the whole thread, when one party is determinedly bloody minded enough to play the court system and drag things out, the best thing to do is not to react to it or attempt to force compliance except through the court itself.

At some stage the court will see things for what they are and become progressively tougher in enforcing their will. But it takes time, because they prefer to let people hang themselves slowly. In a perverse way, the ruling that your ex has 21 days to enter an action is probably a ruling in your favour. Courts make it easy for the parties they disfavour to hang themselves and they make the parties they favour jump a higher bar to prove their case.

You need to learn patience. Because you will need it.

daska wrote: »

Sorry damsidebear, DVS is right, it just isn't possible to second guess the outcome. It could range from it being decided instantly in your favour, in her favour, being referred to CAFCASS for a report (which might take several months) with the child remaining with mum, or returning the child to you while they wait for the report. It really isn't as simple as x+y=z. Wish it was, Court cases would be shorter and very much cheaper!

I appreciate the replies, i wasn't quite looking for outcomes so to speak as i do myself believe it will last longer, i think a welfare hearing happens next and i dont believe cafcass is involved here in scotland, i was just thinking that the status quo would be favoured but i'm biased of course.

A fortnight has now passed without me seeing my son, granted i have managed to speak to him for 5 minutes here and there but his mum is refusing point blank to let me see him, and he still hasnt been registered at a school in her area as yet which can't look good! and she didnt bother to take him for his hospital appointment either, i just miss him so much it hurts.

flutterby_lil

Oh dear, sorry not much help but thinking of you.

Abbafan1972

I didn't realise that this thread was started in 2010 and this is still going on?

Sorry OP, I hope you get things sorted soon.

damsidebear

Abbafan1972 wrote: »

I didn't realise that this thread was started in 2010 and this is still going on?

Sorry OP, I hope you get things sorted soon.

Yes unfortunately i gave my Ex the benefit of the doubt and stuck with a 'verbal' amicable agreement, however she chopped and changed quite frequently, and now it's came to this!

neneromanova

I really hope you gte this sorted OP. I really feel for you. This woman sounds like a complete headcase. Have you kept everything that she's said to you ie. texts, emails saying she going to drag this out as long as possible. If you do, the court would be very interested to see that.

daska

damsidebear wrote: »

I appreciate the replies, i wasn't quite looking for outcomes so to speak as i do myself believe it will last longer, i think a welfare hearing happens next and i dont believe cafcass is involved here in scotland, i was just thinking that the status quo would be favoured but i'm biased of course.

A fortnight has now passed without me seeing my son, granted i have managed to speak to him for 5 minutes here and there but his mum is refusing point blank to let me see him, and he still hasnt been registered at a school in her area as yet which can't look good! and she didnt bother to take him for his hospital appointment either, i just miss him so much it hurts.

I hope you're compiling a detailed diary and getting as much evidence as possible to back up those claims.

e.g. you may know he missed an appt on x date but if she says, yes but I rearranged it and took him on y date you need to be able to say "I spoke with xyz and the hospital have no record of any other appt being made" pref with evidence in writing.

We completely turned round a hearing during a recess by providing evidence to DSD's mum's barrister of exactly what the events were that lead to DSD being taken into care. The judge wouldn't allow those documents as new evidence so was unaware of the contents but her barrister immediately changed his tune from "DSD should be going home to mum" to concentrating on getting as much contact as possible. Just because they're working for a client doesn't mean that they don't have the best interests of the child at the forefront - there was no doubt in our barrister's mind that they would have won the day if we'd been unable to do this.

Re schools, I thought you said she had applied? In England it can a couple of weeks or so for the application for a school place to go through and the child to start attending.