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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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My wifes ex partner has a court order to have the two children

Customer Question

My wife's ex partner has a court order to have the two children for 2 nights every other weekend. The question is what happens if he fails to bring them back at the agreed time. We are very worried about the children's safety, so can the police help at all?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
When was the order made, how old are the children and why do you think this may now happen?
Customer: replied 3 years ago.
Hello Clare
Thanks for the reply, the court order came in about 4 years ago, the kids are 8 and 11 years old, and why we believe this is going to happen is basically it's a long story but the father is a very nasty person and will do anything to gain money, using the kids for blackmail, benifit fraud, aggressive behavior, emotional abuse to the kids and my wife, I now deal with any contact with the kids father instead of my wife. So hopefully this gives you some idea the problem we have. The most frustrating thing there doesn't seem to be any help out there in the countries system to help us with this situation
Regards philip
Expert:  Clare replied 3 years ago.
Does your wife have a Residence Order in her favour?
Customer: replied 3 years ago.
Yes the children live with us and the father has them every two weeks , ie 4 nights a month. He picks them up at 5pm fri and back at 6pm sun every two weeks
Expert:  Clare replied 3 years ago.
No I asked if there was a Residence Order in place stating that the children live with her - it is a specific point?
Customer: replied 3 years ago.
Sorry I mis- understood. To be honest I'm not 100% sure, at the time we sorted out the court order, I don't know if it was actually put down as a residence order , or an agreement in writing of access rights. I assumed that the mother got the resident rights automatically because of the history of the father, I can't really remember it's to long ago. I would have to check on that. I take it it is important. What are the consequences if there is not a residence order in place?
Expert:  Clare replied 3 years ago.
You need to look at the Order that sets out the Contact.
At the top is may say that the children will "Reside with" your wife. That is a Residence Order.
If there is a Residence Order and the Children are not returned then you can ask the Police to accompany you to collect the children and they are likely to do so.
If they do not then you can get a court order which forces them to do so
If not then you can ask the police to do a "safe and well check" to ensure that the children are OK - but will have to wait until the courts are open the next day to apply for an interim Residence Order to ensure that the children are returned to your care
I hope that this is of assistance - please ask if you need further details

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