Child's recovery order. Is it legal to use physical force?

[MrP]

Hi all. Looking for any advise/info/support, please..

My ex and myself been in and out of courts past two years, as she wouldn't allow any contact with my son (9 years old).Latest court (in September) ordered that I will have contact with my son and residence of my son is in favour of the mother. We both have parental responsibility.

Since then few physical and emotional abuse incidents occurred with my son whilst in mothers care, I've contacted both SS and police, but no further action taken from either. No one from SS came to talk to my son and investigation case was closed after SS worker spoke with mother only.

Since the incidence happened my son lived with myself and completely refused to go back to mothers care or to have any contact with her(even refuses to talk on a phone with her). My ex went to court to reinforce the contact order and judge ordered me to return our child on set day. On that day my son completely refused to go anywhere and I said to my ex I will not use physical force on my child! She called the police. They came and done welfare checks and left saying that the child is not in any risk of harm and they won't take him away.

My ex gone back to court for a recovery order to get our son back to her care. The judge said that I have to return my child and said that I "have to take him by a strong hand and get him back to mother", else the judge would sign the removal order and the police would turn up at my house and take my son in the back of a police car using physical force if needed. I had no choice but to forcibly take my screaming and crying child back to mothers. He didn't stop crying for nearly 5 hours non stop, wouldn't let me go, just hung on to my for dear life...absolutely broke my heart when he was begging and begging not to leave him with his mum and I couldn't do anything....

Child is to come back to stay with me as per previous contact order, but what do I do if he again refuses to go back to his mother? Where do I go to get my son's feelings and wishes heard?I've contacted SS on many occasions and also the police about her drinking problem, but seems to me that everywhere I go I get doors slammed in my face and every body thinks that I'm making things up...

Feels like no one is listening to my son or myself. i would be sincerely grateful for any response!
Thank you.

[ange301126]

Dear Mr.P

This site is mainly for parents who have become involved with social services in child+protection cases.
Your case is a private law one in which the dispute is between Mum and Dad.

The professional advisor at the FRG will give what advice to you she can when she returns on line after the holidays but until then ,I suggest you try a site called FATHERS FOR JUSTICE where there will be much advice available, I'm sure.

I will however give you one piece of advice.Private law cases often become very acrimonious. Scorned women and cuckolded fathers can be the worst adversaries and will often stop at nothing in allegations both true and false. She will be telling her solicitor tales about you just as you are about her.

In tug-of-love situations you both have to be very,very careful when the CS enter into the equation or they may see an opportunity to take the child away from both of you.
You should both moderate your tones, compromise for the child's sake and prove you can work together.

[Suzie, FRG Adviser]

Dear Mr P

Welcome to the parent's discussion board.

As stated by Ange, you appear to be involved in a private law matter, involving a dispute with your ex partner. This means there is no active Children's Services involvement at this time, therefore the Family Right's Group only have a limited role in these matters.

It is doubtful that without a specific child protection allegation that you can be clear and provide detailed evidence of, the Local Authority would become involved.

The Child Recovery Order is normally a legal option only used in exceptional circumstances, where they have strong evidence base that children are in imminent danger, and only as a last resort.

As a result of your situation, you may find it useful to refer to our child arrangement order advice sheet, and seek advice from the Children's Legal Centre who may be able to assist you further with your specific enquiry.

I hope this helps.

Best Wishes

Suzie