My Now Ex Took Our Daughter From The House Without My Consent.

[bananatigger]

My now ex took our daughter from the house without my consent. He refuses to give her back. Social services say I can have her back but only if he agrees which he won't. Any ideas on my legal rights please?

[black_cat51]

not really enough info. Does he have parental rights? Do you have a residence order? how old is the child?

[bananatigger]

Hi, sorry, we have joint parental responsibility, there are no orders in place but she is known to social services from a previous incident which was mild but my fault. He is an alcoholic and took her to his parents house whilst he spent 5 days on a home detox. He's done this before and failed. She is 4.

[black_cat51]

well then i'd say you have just about as many legal rights as him. You will need to go to court to get residence sorted out

[bananatigger]

Thank you. I was thinking more of just not giving her back whiff I have her tomorrow.

[Tilly2]

Do you two know each other?

[themas]

If you just refuse to give her back it will develop into a continual tug of war which will certainly not be in the best interests of the child. Unless you can come to an agreement with your ex, you won't get this settled without a Court order granting residence.

[boxtops]

Banana, since this also relates to your other thread about yoru ex moving out, you definitely need to seek legal advice and call Social Services, tomorrow. You didn't mention on the other thread that there was a child involved. If you refuse to give her back, you're just getting into a more difficult situation. Why are there no orders in place, particularly as you've split up?

[boxtops]

...and think of the child - where does she want to be? She certainly won't be happy being in the middle of a tug of war. Social services will have the child's interest at heart.

[pixie373]

She's 4 and her dad is an alcoholic? Personally, i would just take her back and let him go for supervised access if he wants to see her.

[anneasquith]

;; she is known to social services ;; contact her social worker and get arrangements in place for the sake of the child.

[EDDIE51]

You already say ''there was 1 'incident' which was my fault'' and the child is known to social services due to this. If you just keep her that will be a second incident and you may well lose the right to access without supervision.
pixie, just because the Dad is an alcoholic does not mean he is not suitable to look after the child, and anyway the Dads parents are looking after her. We only have the questioners statement that the Dad is an alcoholic.
bananatigger has told us that the social services are involved due to an incident which was her fault.
This will end up in the family court who will make a judgement based only on 'the child's best interest'( which may well be to leave things as they are.)
bananatigger DO NOT just keep the child or you will have a 2nd incident recorded against you.