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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34484
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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I have told my husband that I want to separate, he has taken

Customer Question

I have told my husband that I want to separate, he has taken our two daughters and gone to his parents. He now won't speak to me and I am frightened that he won't let me have my girls back. What can I do?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are your children and who has had their day to day care until now?
Clare
Customer: replied 3 years ago.

The girls are 6 and 4. They are both at school during the day and then my parents have them for an hour or two as both myself and James work full time. I do most of the looking after at home but we all lived together.

Expert:  Clare replied 3 years ago.
Hi
When did he take the children?
Clare
Customer: replied 3 years ago.

Today, straight after I told him I wanted to separate. I was at work and the girls were at my parents. He went straight round there and picked them up. He told me he would leave them to stay there overnight and we would discuss it later but instead he has picked them up and gone to his parents.

Expert:  Clare replied 3 years ago.
Hi
For the avoidance of doubt - you are certain that the chidren are safe and well tonight?
Clare
Customer: replied 3 years ago.

Yes

Expert:  Clare replied 3 years ago.
Hi
Then try not to panic tonight - much easier said than done.
This may be just a knee jerk reaction and it is possible that things will return to the normal routine tomorrow.
Check that the children are in school and then contact your husband and suggest that you get an emergency appointment with a family mediator (www.familymediationhelpline.co.uk) - since it is not fair to the children to involve them in this way
If the children are not in school tomorrow - or if your ex makes it plain that he will not return the children home then you may have to consider making an immediate application for an Interim (temporary) Residence Order stating that the children live with you while the long term arrangements are decided.
You can read more here
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
Please ask if you need further details
Clare