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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
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 looked after my children for 6 years now and have just

Resolved Question:

i have looked after my children for 6 years now and have just learned from them that my ex wife is planning to take them can she just do that
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
will do my best to help you but I need some further information first.
How old are the children and do they wish to live with their mother?
Clare
Customer: replied 3 years ago.

they are 9 and 8 and no they don't they like there school and have made friends here also go to brownies and cubs she has moved away to Brighton and is getting re married this summer and has told my children that she will be taking them soon

Expert:  Clare replied 3 years ago.
Hi
Are there any court orders in place and what contact do they have with their mother?
Clare
Customer: replied 3 years ago.
No court orders just in our divorce papers states
She is happy for the children to be with me
She has them every weekend at the moment
But things change with her all the time she always
Had them Monday Tuesday eve Friday eve and
Saturday till 5 until she justices away without
Letting me know where she was my daughter is
Very good she dose not mind change but my son
Gets very upset and I have to force him to get
Into the car because he dose not want to go
I have asked him why and he has told me he dose not
Feel safe there she has only known this latest
Partner 8months
Expert:  Clare replied 3 years ago.
Hi
Do you have her new address?
Clare
Customer: replied 3 years ago.
No I have to meet at the mariner to collect the children
Because she won't bring them home
Expert:  Clare replied 3 years ago.
Hi
So what is the actual pattern now - when does she collect and return them?
Clare
Customer: replied 3 years ago.
It changes all the time she collects them on Friday
And I have to get them on Sunday but when there
On school holidays she has them extra days sometimes
My mother has to contact her because she will not speak
To me she texts mother who helps me with the children
She has never paid anything towards the children
Although she works full time 7 in the morning till
4ish in the evening sometimes she keeps them
And don't bring them back on her date that she should
Then we have to contact her and she says the children
Are ready when you want to get them this upsets
My son as he has an anger management problem
And needs to be where we have said he will be
We are working with the school to get him help
As soon as we get him a little settled she starts
Expert:  Clare replied 3 years ago.
Hi
How far away has she moved?
Clare
Customer: replied 3 years ago.
She first moved away to cuckfield now they are
In Brighton we live in seaford so it's a good 25 mins
Away this would mean that the children would have
To move school which thru don't want to
Expert:  Clare replied 3 years ago.
Hi
Do you ever get a weekend with the children?
Do you want to have weekend time with them?
Clare
Customer: replied 3 years ago.
I would love a weekend with my children but she won't
Let me because she wants them I always had them
Had them on Sundays but since she moved she won't let
Me have them
Expert:  Clare replied 3 years ago.
Hi
Your ex has no right to make the decisions - it is a matter for you BOTH to negotiate - using Family Mediation (www.familymediationhelpline.co.uk) if necessary
If she refuses then given the threat to remove them from your care you should apply to the court for a Residence Order making it clear that the children live with you and cannot be removed from their current home.
Given that this is what the children want there is little doubt that this is what the Court will Order.
At the same time the issue of Contact can be addressed
It is reasonable for you to want a weekend with the children - even if it is only one in three - but you should start out with an offer that she has the children alternate weekends from Friday to Sunday plus maybe she sees the children one evening a week
You are also entitled to insist that you have her address so that you know where the children are
You can read more on these websites
http://theparentconnection.org.uk/
https://www.cafcass.gov.uk/media/168195/cb7-eng.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