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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33513
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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Hope you can help. I have an arrangement with my husband

Resolved Question:

Hope you can help.

I have an arrangement with my husband and he sees our 3 children every weekend. He has picked them up this morning and said that he will not bring the children back. We are waiting for a divorce to go through at the moment. I have spoken to the police and they have said they are limited to what they can do as I don' t have a court order. He has followed me before Christmas and threatened me in public. I have the childrens school clothes, school bags, my youngest goes to nursery 3 days a week and they have activities after school.

Please can you advice me what to do. The police said to get an emergency court order if he doesn't return them tomorrow, but struggling to get a solicitor at weekend.

Regards

S Goater
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 the children?
How likely is it that he will in fact be able to cope with them?
Clare
Customer: replied 2 years ago.

The children are 11, 8 and 4. He already has 5 other children in the house 4 are his partners ages 13, 12, 10 and 6 and a baby 2 months.

Expert:  Clare replied 2 years ago.
Hi
Is there room for your children as well?
Do you know why he has done this?
Clare
Customer: replied 2 years ago.

The children share rooms 2 in each. When we first separated made me share the children back in 2011. This lasted 4 months as he was in an abusive relationship. Since then their home has been with me. He feels tbat there is no reason why we shouldnt have shared access as he haz been with his partner for over 12 mths. He feels that I am blamed for everything, although he has had affairs whilst we were together. He has a child from his previous relationship who he doesnt see. He could only see her in a contact centre.

Expert:  Clare replied 2 years ago.
Hi
What have the contact arrangements been for the last year?
What is he asking for now?
Clare
Customer: replied 2 years ago.

He has see them every weekend in the last 12 months. He wants to have them now every other week

Expert:  Clare replied 2 years ago.
Hi
Sorry - he wants to share them week and week about?
Clare
Customer: replied 2 years ago.

Yes a week at a time.


 


Thanks for your help, but I will go to local solicitors on Monday.


 


S Goater

Expert:  Clare replied 2 years ago.
Hi
Your only option is to apply on Monday for an Emergency Residence Order
You will need to attend in person and ask for an urgent hearing.
The Court may well still wish your ex to have notice of the hearing meaning that it will have to be listed on Wednesday or Thursday - but given his behaviour I would push for what is called an Ex Parte hearing - meaning one he does not know about - so that you can collect the children from school as normal and return them to their usual routine whilst the long term arrangements are discussed.
Once the children are home then the Court will expect you to consider Family mediation - push for one who also works with young people so that the children's wishes can form part of the process.
From what you have said it is highly unlikely that this arrangement will be seen as being reasonable or in the best interests of the children.
Please ask if you need further details
Clare

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33513
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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