Retrieving Gifts

Discussion in 'Finance, Property, Law' started by sc_obvious, May 22, 2010.

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  1. My sister-in-law has gone a bit phsycho and basically dumped her 11 year old son into the hands of his father who she restricted him access from for the last few years.

    The in-laws are stuck in the middle as they have basically brought him up and bought him all his stuff. For Christmas they bought him and XBOX360 and recently a decent flat screen tv to play it on (rather than the crappy tv the sis-in-law had).

    Now since the blow up she is kicking off big style but the boy didn't have time to pack his tv and xbox. Can anyone in the family get them back legally? Obviously toyed with the idea of just going around, grabbing them and leaving however no doubt she would call the cops and I would get lifted. They still have proof of purchase - so legally where do they stand ?

    Thanks in advance
     
  2. Has anyone asked her to give the stuff up? Can't imagine she's using it.
     
  3. No - but then she's in the state of mind that she would trash it if she thought it meant anything to the person asking for it. Like I said earlier, bit of a phsycho at the moment !
     
  4. As the items are within her property, she unfortunately has "an interest" in said items, and forcing entry to remove the stuff would be classed as burglary in law (can't remember the name but there is a stated case where s fella gets nicked and charged for stealing his own car back from a garage).
    My advice as an ex-detective would be to either ask the local police to meet you at the address to prevent a "breach of the peace" while you recover said items, taking the receipts with you, or if the boy has his own access to the house get him to remove his own stuff
    it's crap I know, but if the property is lawfully there you or the police have no power of entry to recover the items, as they are not stolen.
    Hope it all turns out ok, if there is going to be a custody battle in the future being obstructive to police really isn't going to help her andvits worth having it recorded bu the old bill for this reason.
    I would suggest keeping a diary of EVERYTHING that happens
     
  5. As the items are within her property, she unfortunately has "an interest" in said items, and forcing entry to remove the stuff would be classed as burglary in law (can't remember the name but there is a stated case where s fella gets nicked and charged for stealing his own car back from a garage).
    My advice as an ex-detective would be to either ask the local police to meet you at the address to prevent a "breach of the peace" while you recover said items, taking the receipts with you, or if the boy has his own access to the house get him to remove his own stuff
    it's crap I know, but if the property is lawfully there you or the police have no power of entry to recover the items, as they are not stolen.
    Hope it all turns out ok, if there is going to be a custody battle in the future being obstructive to police really isn't going to help her andvits worth having it recorded bu the old bill for this reason.
    I would suggest keeping a diary of EVERYTHING that happens
     
  6. I respectfully disagree. The incident you relate of the man who was charged with theft for retrieving his motor car from the garage was the Court of Appeal case of R v Turner (No 2) [1971] 55 Cr App R 336. There, the defendant had left his motor car at P's garage for repair. When P had completed the repair of the motor car, P parked it on the road outside of his garage. The defendant, with a spare set of keys, removed his motor car without paying for its repair. P had a legal lien over the motor car which entitled him to retain possession of it until he was paid the bill for its repair. What the defendant had done was to appropriate a right that P had over the motor car, notwithstanding that it was owned by the defendant.

    In this particular case, the child is possessed of an unconditional gift of an 'X'-box and a television set entitling him to both ownership and possession. Unless the child's mother has been granted an interest in the property by the child, which is unlikely, any course of conduct by her, the effect of which is to keep the child out of possession is a usurpation of the rights the child enjoys over his property amounting to an 'appropriation' by her under section 3(1) Theft Act 1968. The longer such a state of affairs continues, the greater the inference that she may be regarded as having dishonestly appropriated the items with a view to permanantly depriving the child of his property exposing her to a charge of theft under section (1) of the 1968 or attempted theft under section 1(1) Criminal Attempts Act 1981 in ddition a civil action in tort for conversion. The law does not recognise a 'community of property' allowing her any rights over the items by virtue of being his mother. As a matter of law, the child may not be unilaterally excluded from the family home, even it he has left it voluntarily. He has an enforceable right of access to his home and if he is refused, he is entitled to request police assistance to enable him to do so with a view to effectuating the recovery of his property.