I had a very interesting case recently when I was instructed by a mother of a child. The child’s father had failed to return the child following weekend contact and had indicated to the mother that he intended not to return him to her care in the future. The Police could not assist the Mother as she did not have a Residence Order in respect of the child. I therefore advised the mother that she could make an emergency application to the Court for a Specific Issue Order for the father to return the child forthwith and a Prohibited Steps Order for him to not remove the child from her care. I proceeded to drop everything to undertake the preparation for this emergency application and within 24 hours, I had attended Court with the client and secured the Order from the Court.
We then had to serve the papers upon the father but he was of no fixed abode. It was necessary to involve an Enquiry Agent to attempt to serve the Order upon him but eventually I spoke to the father personally on the telephone and persuaded him to attend the offices to collect the Court documentation and Order.
The Police were contacted again by the Mother and were able to take action against the Father because of the terms of the Court Order we had secured on behalf of the Mother.
The Father then returned the child to his mother.
Our Family Law Team are all prepared to drop everything for a client that requires emergency advice and action to be taken on their behalf and we do our utmost to secure any emergency Order that is required, whether that be an Order under the Children Act, a Non-molestation Injunction Order under the Family Law Act or an Order in relation to financial matters arising out of the breakdown of a relationship.
Written by Claire Holland, an experienced family lawyer based in Josiah Hincks’ Blaby Office.
This article is for information only and should not be taken as legal advice or relied upon to any extent. Every case is different and should be considered on its own facts and merit.You should seek independent legal advice.