Quote:
Originally Posted by Lu28  Hi Sonny
I stumbled onto your post even though I should rightly be sticking to the TTC end of the forum!
Just a quick thing, I'm a family solicitor and I'm sure whoever your solicitor is is brilliant but I would encourage your bf to go for the interim residence order himself rather than waiting for his ex to do it. If he already has a residence order, he should go for a specific issues order for the return of the children. Better to be the applicant than the respodent if possible.
Good luck hon  |
Hi Lu, thankyou so so so much for the advice,its hard finding someone like you with the expertise at short notice and so easily like this and anything you can say is greatly appreciated.Our solicitor is ok but i hate to say not the greatest as they just seem to tend to sit back and let things happen even though we pay full price for it!
Just a couple of things....
1) We were awarded the residence order 2 years ago so will be doing what you said about that "specific issues order" can you tell us a little more about it?what it is for and how it works? how long it takes to get into the system etc? and would they have to honour it? etc please excuse the way i word things here im not sure on the ins and outs of any of this.
2) We know that her solicitor on friday put in an emergency request for an interim residency order to possibly be heard on weds this week.Would this make it too late for us and the specific issues order?
3) The police have cleared me totally and were supposed to inform social about this which has not happened as social person has had thurs and fri off(they would not let another take on this case) but is back in tomorrow. The solicitor said something that even though the police have cleared me with no further action social can still do their own investigation if they are not entirely happy. On what grounds or reasons would they have to do this?
4) if social do say there is no further action etc can her solicitor still go for the interim residency or would that be deemed a waste of time? would not come back with any hope?
The boys were supposed to be returned to us today but obviously has refused to do this. They are both due in school tomorrow but not sure if she will take them.
Also we phoned on thursday night to speak to the boys which was a previously agreed date to phone them on before all of this happened and the next minute 2 police men were on our doorstep to give us the news that she would not be returning them to us on sunday and that it was now a civil matter.
She phoned us on friday but were refused the right to speak to them and she started saying in front of the boys on the phone that they were scared to come home etc. She has a habit of doing this in front of the boys and coaching them into saying some really weird stuff, the 4 year old comes out with some words that he doesnt even know the meaning of!
I have also had to cancel the youngests appointment at the hospital tomorrow as we were advised not to contact her after the police came round.
We are really hoping the lack of communication between police and social has caused this to be prolonged. If social says the boys are fine to come back would we be allowed them back instantly or would this court thing still have to go ahead.
Sorry if im babbling and hope this makes sense,it must be hard to get the gist of it if you dont know all the history but any advice you can give us would be so so so so so good and i cannot even begin to thank you enough xxxxx
xXx
Glad you got them both back
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