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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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 partner is having trouble with his ex the mother of his

Resolved Question:

my partner is having trouble with his ex the mother of his children, he pays her maintenance with csa and then was paying a extra 50 pounds a fortnight in cash he has recently stop this and this is when the trouble has started. he was having them Saturday till Monday every fortnight but since he has stopped the extra money she drops them off with out warning and then ignores any contact and they end up having them for anything u to two weeks. she has be violent in the past and has turned up to my partners family home with a gang of violent people leaving the kids on the side of the road. she says she wont do mediation and the latest was that she doesnt want her kids back till they have been to court but now has messaged saying the police are trying to get hold of you and when am i getting the kids back. where does he stand on keeping them or as shes changed her mind can she get them back.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX
I will do my best to help you but I need some further information first.
How old are the children and is he willing and able to have their full time care?
Clare
Customer: replied 3 years ago.

oldest is 4 and the youngest is 20 months. yes he has already started looking in to a residency order but is having trouble finding the funds. he has recently told hm revinew and customs and csa of the changes and applied for the child benefit and the tax credits. he has his name on both children's birth certificates

Expert:  Clare replied 3 years ago.
Hi
have Social Services been involved at all?
Clare
Customer: replied 3 years ago.

they have contacted social services on friday also when the police got involved as there was criminal damaged done by her current boyfriend to my partners dads car. they was meant to be getting back to him but havnt as yet. they had been in touch be for hand but just advised with doing mediation but she has refused.

Expert:  Clare replied 3 years ago.
Hi
Just to check - he is named on the birth certificates?
Clare
Customer: replied 3 years ago.

yes he is on both

Expert:  Clare replied 3 years ago.
Hi
Then he has Parental Responsibility for the children and is entitled t have them in his care
On that basis he can indeed refuse to return them unless his ex gets a Court Order.
However that will only work if he never leaves the children with anyone else
It would be better for your partner to apply to the court for a Residence Order
The form he needs is here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
and the fee is £215 - unless he is eligible for Fee Remission
he can read more about such applications here
http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you