Multiple issues with ex and child arrangements

[LocalDad]

I have repeatedly highlighted concerns for my daughter's wellbeing but the mum cites a right to privacy. I'd reached out to Bernardo's then Social Services who suggested Our Family Wizard and mediation. I requested mum to take the next steps, she didn't. When I took legal advice and then threatened her with court proceedings she set out a date for mediation which she then cancelled. My mediator didn't get a response and I was then arrested for DA, coercive control and stalking. I am not an abuser, I'm worried for my daughter. I was not charged and was told it was ununusal for a mum to allow a DA access to the child while things are being investigated. I've struggled to gain access and it looks like it's going to be twice before christmas via a bi monthly child contact centre. So while she says she wants me to have access, It's very limited and against my daughter's wishes, she's 6. She told me she was getting a passport a few months ago. They've been to Belgium twice in the last two months to see her new guy's family... I suspect they are preparing a move to Belgium and using false DA allegations to remove any hold I have on stopping my daughter leaving. I was her primary carer for four years, took her to school, picked her up, cooked her tea, bathed her, put her to bed, read her books, did her homework etc. The last few weeks have been the longest we've been apart. Actions speak louder than words, her mum is using our daughter as a pawn. The school did a 'My Journey' a few months ago at my behest and she was very happy with the set up, with the new guy and with coming to see me. I don't want a toxic cloud over my daughter. I'm not sure what they are going to tell her why I'm suddenly not here. Am I at work? On holiday? Is daddy a bad man? I have no idea what to expect when I might possibly be able to pick her up from school.

Should I be enquiring about passport stuff or would it be best if I just wait?

I feel as though they may take her to Belgium over Christmas and I won't even know if she's at home or not, should I contact the police at the end of term and ask for her not to leave the country until this is all sorted?

 

[Ash]

I think you should apply for an urgent prohibited steps order plus a Child Arrangements order on the same form. Prohibited steps "to prevent the Mother removing the child permanently from the Uk". Your reasons are that your ex has a partner in Belgium, who she frequently visits. And you had recently asked her to have mediation over some co parenting concerns, which she declined to attend, but instead made spurious allegations about you to the police and has now witheld the child from you other than to propose fortnightly time in a contact centre.

And set out the history of parenting/co parenting and the regular schedule prior to ex witholding your daughter.

It's form C100. On the box on the front page you put "Prohibited Steps order to prevent Mother moving child out of Uk" and "Child Arrangements order to reinstate child's time."

Then you put the further details in box 5b - I've attached guides to completing the form and 5b

You tick for an urgent hearing - you need an appropriate reason - can't remember what the options are but happy to discuss what boxes there are to tick. And put 48 in the box (ie a 48 hour hearing). Although it might be a week rather than 48 hours in the end. Where it says what have you done to notify the other party (as it's a short notice hearing) you can just put "will text". But don't text her until your application is definitely processed and you have a hearing date - by which time she should have had court papers anyway. The day before the hearing you could send her a brief text saying this is to notify you there is a court hearing at x time on x day at x court. That's all. If you're aware she already knows about the hearing by then, then don't bother to text.

In the 5b box I'd also request that the urgent prohibited steps hearing is also the first hearing for Child Arrangements. Which is a bit cheeky and might not happen but I did that once, and it did happen.

What exactly were your welfare concerns regarding ex with your daughter?