No custody agreement- need urgent advice

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gooddad

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I really need some help and advise, I am a father who works full time and provides for my child. I own my home and my son has lived with me and his mother since he was born.

His mother now my ex-partner and I are not married and she left the family home, without taking my son.

I was invited to her parents house to discuss the situation, and basically was stitched up as she called the police and had me arrested for an assault which didn't take place.

I am not guilty of this crime and am currently having to go through court, and now to trial to clear my name of this crime.

The police arrived at my home and arrested me and explained that they needed to take my child out of the family home to release him into someone with parental responsibility (his mother) as I would be in custody.

Since that time I have had to have my parents collect him at weekends, as this is all she would agree to. This has been going on for several weeks now. my son (2 years old) has been living on the floors of her family members homes.

I have my son now and due to extensive reasons, drug taking, wilful neglect, and the fact that she has no means to provide for him, and now the threat that she will not allow me to see my son at all. I am reluctant to take him back.

There is no formal or legal agreement in place and I want to know if she has any powers (through the police or any other means) to make me return him to this horrific poor and unsafe environment.

When I refer to wilful neglect, the mother was untidy to say the least and I have awoken to find my son eating ibruprofen tablets, as rather than get him up and dressed she dumped him in our bed without checking that it was safe.

On another occasion I returned from work in the evening to be told that he had not walked all day. He had twisted his leg in his sleep. She neglected to take him to the doctors (bottom of our street) or the hospital (10min walk) I immediately took him to the hospital and he was put in a plaster cast for three weeks.

On a number of occasions I have found him with a bottle of bleach in his mouth. His mother cleaned the bathroom and left him unattended only for me to discover him in the nick of time.

I will seek legal advise on Monday morning but she is suggesting now that we took him without her permission even though we have text messages agreeing to let my parents go and collect him.

I don't want to let him go back to that, for safety reasons and any advise would be greatly appreciated.

Many thanks in advance

A
 
Goodad - you need good legal help and to weather this storm. I don't know the situation in the UK but in the US, there is actually a huge lobby of fathers who claim that they have been served with and must respond to domestic violence restraining orders obtained by fraudulent means ("she made it up.") It has been cited as a potential problem here because the procedure goes forward without the accused having had an ability to appear on his behalf before its issuance. There are many father's victim groups here. At present, I don't know what I could add to help you with your case and your barrister or solicitor should be in the best position to help you. Best of luck to you and your family.
 
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