Legal Q&A: Child custody

Q. My ex-partner refused to return my child to my care.  What can I do?   

A. I have recently dealt with a similar case where during a contact session, the mother refused to return the children to their father’s care who was their main carer.  In the first instance, you should call the police to assist.  However without a court order, the police may not be able to return the child to your care and may only carry out a safety check to ensure the children are safe.

The next step would be to seek legal advice for assistance in completing applications to the court seeking the return of the children to your care and setting out any risks posed to the children whilst in your partner’s care.  Following a hearing in court, a court order may be granted for the return of the children to your care and the police may then be able to assist.

In these types of cases it is important that you act quickly and obtain legal advice. If you leave it too late the risk is the children become settled with the other parent and the court will be reluctant to change their living arrangements.

If you require legal advice on these issues or any other children’s matter please contact Pavinder Khela, who is a specialist accredited Resolution solicitor in family law at Hegarty Solicitors on 01780 752066 or email pavinder.khela@hegarty.co.uk.