he has taken her kids!

fsdss

your sister might be wise to visit her doctor and HV too (the more the merrier). PND is a temporary illness, and if she has them on her side to prove her mental stability, then she has a much better chance of getting the children back!

NotSuchASmugMarriedNow

oh for goodness sake what a silly silly woman. Just call the police and go get the kids. End of.

And see a solicitor first thing in the morning.

When you say she has PND, has she actually had a diagnosis for this by a medical professional. Or is it just something the husband is saying.

I hope you don't mind me asking, but are you from a non-british culture? Is that why she doesn't want to involve the authorities?

marywooyeah

Theres a lot of bad legal advice being thrown around here. Op she needs to get to a solicitor asap for a prohibited steps order and a specific issue order. The specific issue is whether the children should be returned, the pso puts an order in place telling them not to remove them again or theyll be in breach of the order. Tnese are emergency orders and can be made without notice being given to the gps. Another poster mentioned an interim residence order but right now she is staying with parents so the court will question her ability to give them a stable home. She needs to apply for an occupation order to get him out of theproperty but these are hard to obtain. Is the property owned or rented?

pigpen

NotSuchASmugMarriedNow wrote: »

oh for goodness sake what a silly silly woman. Just call the police and go get the kids. End of.

Absolutely... The father is not there and the grandparents have absolutely no rights of contact let aloe to kidnap the children..

PND is irrelevant so long as the children are not being neglected. How many thousands of parents take anti depressants or have counselling yet still have their children. that cannot be used as an excuse to not go get them.

The children do not then leave the mothers care until she had a residency order etc and knows they will not be kidnapped by the GP's again.

marywooyeah

NotSuchASmugMarriedNow wrote: »

oh for goodness sake what a silly silly woman. Just call the police and go get the kids. End of.

And see a solicitor first thing in the morning.

When you say she has PND, has she actually had a diagnosis for this by a medical professional. Or is it just something the husband is saying.

I hope you don't mind me asking, but are you from a non-british culture? Is that why she doesn't want to involve the authorities?

Wow! Judgmental much! The police will often refuse to get involved and simply tell a person thst its a civil matter so they should see a solicitor. The woman also needs to act quickly in case the gps have seen a solicitor with a view to seeking residence themselves.

Gingernutty

23goingon30 wrote: »

No he lives in a flat, my sisters flat! And he thinks they are better off with the GP because he says he couldn't take care of them on his own! She tried talking to his mother but she has obviously taken her sons side, my sister is worried about talking to a solicitor incase it turns nasty she just wants her children back

Is the flat rented and your sister on the tenancy agreement or does your sister own the flat and pay a mortgage?

gizmo111

marywooyeah wrote: »

Theres a lot of bad legal advice being thrown around here. Op she needs to get to a solicitor asap for a prohibited steps order and a specific issue order. The specific issue is whether the children should be returned, the pso puts an order in place telling them not to remove them again or theyll be in breach of the order. Tnese are emergency orders and can be made without notice being given to the gps. Another poster mentioned an interim residence order but right now she is staying with parents so the court will question her ability to give them a stable home. She needs to apply for an occupation order to get him out of theproperty but these are hard to obtain. Is the property owned or rented?

The advice she hs been given is sound - the IRO with conditions will cover a PS and SIO does and covers the no order principal in the 89 CA - why make 2 temp orders when one Interim Order will suffice, whatever the order is called the issue is that mum maybe living with her family but the children are not with parents. In any event she should have been getting legal advice this morning.

marywooyeah

gizmo111 wrote: »

The advice she hs been given is sound - the IRO with conditions will cover a PS and SIO does and covers the no order principal in the 89 CA - why make 2 temp orders when one Interim Order will suffice, whatever the order is called the issue is that mum maybe living with her family but the children are not with parents. In any event she should have been getting legal advice this morning.

I was reffering to the use of "residency orders" and the misinformation about pr. It is a lot easier for tge woman to get a pso and an si than an iro in her circumstances. The no order principle refers to the court not making an order unless doing so would be in the childs best interests so your asssertion that an iro will cover the nomorder principle is illogical. Theoretically there is nothing to stop the woman simply collecting her children as she has not consented to their removal and the grandparents have no pr but she is unwilling/unable to do so.

gizmo111

marywooyeah wrote: »

I was reffering to the use of "residency orders" and the misinformation about pr. It is a lot easier for tge woman to get a pso and an si than an iro in her circumstances. The no order principle refers to the court not making an order unless doing so would be in the childs best interests so your asssertion that an iro will cover the nomorder principle is illogical. Theoretically there is nothing to stop the woman simply collecting her children as she has not consented to their removal and the grandparents have no pr but she is unwilling/unable to do so.

I know exactly what the no order principle is and an IRO with contact order would be her best option, my thinking is not illogical - clearly she won't be doing it same as she apparetnly hasn't bothered getting her children back - which is something she was advised to do many hours ago.

thorsoak

LISTEN TO GIZMO - she really does know what she is talking about!!