Residence order query

happymother

Hello all, long story but basically my ex has residence of our 3 children, I havent seen them for a year and have been battling with him through the courts to get him to allow me contact. He told me and the court that my 2 eldest didnt want anything to do with me and the court took this into account but said that he should keep communication open and I should be able to write to them, he is to encourage contact and if they dont want letters at mo then to put them to one side until they are older. Anyway my 12 year old contacted my mum via fb today wanting to talk to me. She is really unhappy, has run away 3 times and wants to live with me. It also transpires that he has moved her school and they have all moved house without my knowledge. She was chatting to me on facebook then it all went quiet, I just presumed that she wasnt allowed on computer anymore but he rang me at 5.40 screaming at me and was going to call the police as she has run away again. I have since text him twice to ask if she has turned up but hes not replying. If she does turn up here can the police force her to go home as I have parental responsibility?

squirrelchops

Although you have PR, the Residence Order would over rule this as this is what it is for - to state with whom the child resides.

However I should think the Police would also listen to her views and wishes (due to her age) and if there are no concerns with her staying with you, take that into account until things can get sorted properly.

The Police won't really be that interested in this as it would be a private law matter.

Not knowing the full situation it is hard to comment definitively - why is your ex so adamant you cannot have contact? If, for example (and excuse me for using a hypothetical bit here) there were child protection concerns the Police would contact children's services and that could see them removing the child from your care if it is not felt the child would be safe with you.

happymother

I was in an abusive relationship and it turned out he was also on the sex offenders register. SS were involved at the time but to escape him I moved to my mothers 1 bedroom flat and the children stayed with their dad while I could get sorted. We are no longer together, he has a 2 year restraining order now and the court is happy that we arent togethether anymore. kids dad cut off all contact with me and final court hearing was june 14th. As my youngest is 5 court and cafcass recommended 8 supervised contact sessions as he hasnt seen me for a year and they didnt want him unsettled which is understandable. Due back in court on 22nd oct and if all has gone well then I can have overnights and holidays. Girls said they didnt want to see me but this has now changed.