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Child custody


This is family law and as such the police have no jurisdiction over the matter. You will need to seek further advice from your solicitor. It is likely that the case will go back before the court, who will decide what course of action to take.

See also the website provided by the Department for Work and Pensions 'Sorting out Separation' and the Citizens Advice's website (links in Related Information).


The police cannot immediately attend your partner's residence and remove the child unless there is a specific power given to them within the order or they are satisfied that the child is, or will be, subject to significant harm.

A court can vary the conditions within a residence order provided they are satisfied with the existence of the order and that the other parent is in breach of the order.

There are other orders that you can obtain which may prevent a similar situation arising, such as a prohibited steps order. A solicitor will be able to give advice on this matter. Please also see the websites in Related Information.


If both parents have parental responsibility then the police have no powers to remove the child, unless there is a concern for the child's safety. However, the police will conduct a welfare check on your child to confirm that the child is fit and well, if there are concerns regarding their wellbeing.

You will need to contact your solicitor to see if they can resolve the issue and if not, seek a custody hearing in front of a judge.

Contact your local police force

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