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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi i got 2 kids boy and girl boy 10 years old and girl 8 years

Customer Question

Hi i got 2 kids boy and girl boy 10 years old and girl 8 years old, i leaving in Aberdeen Scotland, me and my wife separate and kids leaving in london with my wife mom because my exwife left kids to her and left ( she like drink and maby drugs ) , whey dont let me see my kids ,only few weeks in the year and i want to take my children leav with me ,children want to leav with me i love whem ,kids love me to . how can i aply in cort ? please halp me?
Submitted: 3 years ago.
Category: Family Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

If your children are living in London then an application to the court would have to be made there, not in Scotland. I will transfer you to the England and Wales section who will deal with your question. Do not respond to this narrative or the question will come back to me instead of to the expert you need to answer this question.
Customer: replied 3 years ago.

please transfer to england, i will wait thanks

Expert:  JGM replied 3 years ago.
I have asked an English expert to contact you. She is very good. DO NOT RESPOND TO THIS MESSAGE OR THE CASE WILL NOT TRANSFER.
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
How long have they been with their grandparent and how often do you see them?
Were Social Services involved?
Claire
Customer: replied 3 years ago.

whey been with grandparent for last 4 years ,and i see them in holidays,not very often ,children love me very much and want to leav with me . i am 30 years old ,im not smokin,not drinkin ,my kids want to play with me ,whey like sport . i love my kids and wory about them . i will be hapy if they will leave with me, i could protect and love them more. children should have dady ,o momy not grandparent, my exwife cant care about them ,and grandparents to because im payng childe maintanance and suport them . but money not important most is the children i want to treat them myself . THANKS!

Expert:  Clare replied 3 years ago.
Hi
May I ask why you have left it so long to decide to try and have the children in your care?
What is the longest period of time they have spent in your home so far?
Claire
Customer: replied 3 years ago.

longest period is 1 month. I left it so long because my exwife allwais lie to me and i did mistake i know what i had to do it long time ago. Oftern i was coming to see them in london.For the last 2 year i had tickets for them come to see me in aberdeen for holidays ,but grandmother hide children from me ,didnt let me talk to them,any time i tryd to phone she didnt give them to speak. my bigest mistake what i wait so long, but i want to change i now ,i love them and whey love me to ,now i speak to them very oftern on skyp and whey will com to se me i and of july in Aberdeen

Expert:  Clare replied 3 years ago.
Hi
That is fine thank you
how often have you seen them in the last year?
Claire
Customer: replied 3 years ago.

in the last year only on skyp

Expert:  Clare replied 3 years ago.
Hi
I can fully understand your wish to have the children live with you and there is no reason to think that this cannot be achieved.
However if you made an application for a change of residence at the moment you would loose as it has been so long since the children visited you - and the change would be a massive one.
At this stage you should start by asking to have the children for half of each school holiday - building up to all the school holidays - and THEN to a change of residence
If their grand mother will not agree to your having the holiday contact you can apply to the Family Court nearest where they live using a Form C100 available here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
and paying the fee of £200
You can get help and support from Families need Fathers (www.fnf.org.uk)
I hope that this is of assistance - please ask if you need further help
Claire

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