Legal steps can stop father keeping daughter from mum
My husband and I have been separated for the last two months but prior to this we had a very turbulent relationship. He has been physically abusive towards me on a number of occasions prior to our breakup.
Out of desperation, near the end of the relationship I went to seek help from an organisation that works with women who have experienced domestic abuse. Since the breakup I have allowed him to have contact with our daughter
because I did not want her to grow up without a father like I did. He came to collect her from my house yesterday as normal and was due to return her today but did not, instead he sent me an email to say he would not be returning her
because she is not safe in my care. I am absolutely devastated. What can I do?
You should seek legal advice immediately. There are a number of steps you can take.
1. Specific Issue Order – asks the court to make an order on a particular matter. You can ask for the urgent return of your daughter via this order. If granted and your husband fails to return your daughter, then this would be a breach of this order could lead to his arrest and he could face criminal charges. It is possible to issue the application without him knowing.
2. Prohibited Steps Order - acts as a way of preventing your husband from removing your daughter from your care in future. If you do not object to him having contact then the order could be amended to show he cannot remove her from your care save for when he is having contact with her.
3. Child Arrangements Order - as it stands, your husband has every right to have contact. This order provides who your daughter will live with, how, and when, she will spend time with the other parent. Usually you would need to take part in mediation but you have mentioned behaviour which suggest you are the victim of domestic abuse. This order would also be helpful in helping you and your husband agree future arrangements.
Ben Hoare Bell LLP has specialist family solicitors who can assist with issues such as this. To speak to a solicitor, please ring 0191 565 3112, email advice@benhoarebell.co.uk or visit www.benhoarebell. co.uk.