- I was instructed by Father to assist him in having his children returned to him when Mother had abducted them to an address unknown to him.
- Father had a Child Arrangements Order in place for the children to live in his care and Mother was only allowed supervised contact due to her drug addiction.
- Father took my advice and I issued an emergency Enforcement Application. A Hearing was listed, and various orders were made by the court to assist the return of the children. The children were returned to Father with the assistance of the Police.
- A Final Hearing was listed where Father’s Child Arrangements Order was enforced, and a Prohibited Steps Order was made preventing Mother from removing the children from his care with a Penal Notice attached to the Order for further protection. Mother was ordered to pay Father’s legal costs that he incurred for his application.
The Issue
Father had a final Child Arrangements Order from the court which ordered his children to live with him and to have supervised contact with the Mother. Father and Mother live almost 200 miles away from each other.
Mother refused to return the children to Father after a contact session despite an Order in place that the children should live with Father.
Father attempted to have the children returned to him by contacting the police, social services and Cafcass. Unfortunately, not one of these organisations could help him.
The Process
Father then instructed me to represent him. In the process of being instructed, Father received a call from the children’s maternal grandmother requesting that he come and collect the children as a matter of urgency. Father was informed that the police had attended Mother’s home and were compelled in breaking down the door as the young children were alone downstairs and Mother could not be woken up. The children were returned to Father by the police.
Father was advised to issue an application for a Prohibited Steps Order preventing Mother from removing the children from his care. Father wished for his two young children to have a relationship with their Mother and therefore continued with supervised contact but supervised contact himself. On one occasion, Father had left the children alone with Mother for a short while, and she again removed them from Father’s care. Father was understandably mortified. Mother was living at a new address which was unknown to Father. I then issued an emergency Enforcement Application and requested to be heard by a Judge as a matter of urgency. At this point a Cafcass Letter had been received following Father’s Prohibited Steps Order application and Cafcass were advising the court that contact should be suspended forthwith given there were serious safeguarding concerns. The court heard the application a few days later and made the following Orders in attempt to locate the children and have them returned to Father:
- Return Enforcement Order (police presence)
- Whereabouts Order (Police)
- Whereabouts Order (DWP)
- Police Disclosure Order
The Outcome
Mother was difficult despite the Orders being hand-delivered to her and therefore the Return Enforcement Order (police presence) was necessary. The children were returned to Father by the police late that evening and contact for Mother was suspended until a further hearing was listed.
The court listed a Final Hearing where it was ordered that the children were to live with Father. A Prohibited Steps Order was made preventing Mother from removing the children from his care and a penal notice was attached to the Order. Father agreed for Mother to have supervised contact, but this was strictly to be supervised by him. Mother was ordered to pay Father’s legal costs for his application.
