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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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Hello I really need some advice me and my ex partner split

Customer Question

Hello I really need some advice me and my ex partner split up about 5 week's ago and he took my 2 children and is trying for full custody and residency order he lives with his mum and three brothers I have the family home and I work full time does he stand a chance of getting my children full term
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
How old are the children and who has had their day to day care until now.
Is there any reason to think that they are at risk where they are?
Claire
Customer: replied 3 years ago.

The children lived with both of us when we were together we both had responsibilitys for them when I worked he looked after them!! I went to go see my children the other week but his mum assaulted me while I had my son in my arms I did press charges but nothing come out of it I'm very worried for their safety I have 2 boys one is 3 the other is 2

Expert:  Clare replied 3 years ago.
Hi
Does your husband also work?
Have you applied to the court for Residence?
Claire
Customer: replied 3 years ago.

We never married he was just a boyfriend and no he doesn't work!! He applied for residency tithe day he took them as his grandad gave him the money Im trying to hold on to my home n I can't afford to pay for residency it's been very hard financially since he took them!! I'm just really worried I won't get them back

Expert:  Clare replied 3 years ago.
Hi
When is the hearing date and what contact are you having with the children?
Claire
Customer: replied 3 years ago.

No date has been set yet I'm still waiting and I am only aloud to see them when he decides and that's not often but I'm not aloud to see them out of his mum's house which is horrible as I'm afraid if his mum. I get to ring n speak to them once or twice a day sometimes but the thing is I didn't think he could just up and take them.from there home!! My ex also has two other children with another woman but he's not aloud to see them and I'm not one hundred percent sure why

Expert:  Clare replied 3 years ago.
Hi
If you have not heard from the court what makes you think that he has applied?
Claire
Customer: replied 3 years ago.

I have received the letters from his solicitor and the copy of his residency order

Expert:  Clare replied 3 years ago.
Hi
A copy of the Order?
Or a copy of an application?
What contact have you asked for - and what have social services said about his care of the children?
Claire
Customer: replied 3 years ago.

A copy of application and I spoke to social.services they said that's there's no need to remove children as they are safe but all I want is to.no whether I have a chance in court of getting them bk

Expert:  Clare replied 3 years ago.
Hi
What arrangements can you make for whilst you are at work?
claire
Customer: replied 3 years ago.

Because I work I will get childcare provided and my ex partner who has them at the moment can help aswell but I also have a supportive family

Expert:  Clare replied 3 years ago.
Hi
The starting point is for you to Contact the Court and ask when the hearing date will be set
If the application has not yet been made then you should make your own application immediately for a shared Residence Order.
At the same time you need to arrange to attend Family mediation (www.familymediationhelpline.co.uk) to try and agree how the children should share their time between you.
If he refuses then that is fine - you will have done all that is expected to you.
You must take action soon as the longer the children are living with him the less likely it is that the court will change the existing arrangements
Since he has always been involved in their day to day care there is a real risk that he could get a Residence Order - but if you act quickly then a Shared Residence Order is a real possibility
You can find out more about the Court process here
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
I hope that this is of assistance - please ask if you need further information
Claire

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