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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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 daughter has allowed two separate fathers of her sons access

Resolved Question:

my daughter has allowed two separate fathers of her sons access to the boys for six days but both fathers now refuse to return the boys what can we do to resolve this we have contacted police but they refuse to help.
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 why have the fathers done this?
Are there any court orders in place?
Clare
Customer: replied 3 years ago.

one is 6years old and the other is 2 years old there is court orders in place the fathers of both boys are constant abusing and mentally torturing my daughter with phone calls and emails and texting so therefore my daughter told them to fetch the boys and return them today 20/4/2014 at 12 midday but no return police have been out and said she as got to wait till Tuesday

Expert:  Clare replied 3 years ago.
Hi
What do the Court Orders say about contact?
Clare
Customer: replied 3 years ago.

the one who is 6years says everyother weekend civil between parents and shared care in school holidays and 2years once a month away at his address and every weekend round my daughters area as the fathers live in Birmingham and my daughter lives in portishead Bristol

Expert:  Clare replied 3 years ago.
Hi
Does your daughter have Residence Orders for both children?
Clare
Customer: replied 3 years ago.

yes she does for both children

Customer: replied 3 years ago.

yes for both boys

Expert:  Clare replied 3 years ago.
Hi
When have the fathers said they will bring the children back?
Clare
Customer: replied 3 years ago.

they have said they are not bringing children back but we have just found out that they have got to go to court on Tuesday the 22/4/14 because they have breached the court orders but why has the children not been returned to their mother strait away what we need to know is what can we do about all the bullying and stress that she is going through

Expert:  Clare replied 3 years ago.
Hi
I am a little confused by the situation
When did your daughter apply to the court to enforce the order?
Clare
Customer: replied 3 years ago.

the six year old his court order was enforced about 2 years now the other lad about 1year ago

Expert:  Clare replied 3 years ago.
Hi
I am sorry I am more than a little confused here
You have said that your daughter holds Orders stating that both children live with her and have contact with their fathers - is that correct?
She agreed that both children would spend part of the Easter Holidays with their fathers
the fathers have refused to return the children - is that correct?
Who has made the application which means that there is a hearing tomorrow?
Clare
Expert:  Clare replied 3 years ago.
Hi
My apologies - that was not an answer - it was just a request for information
Clare
Customer: replied 3 years ago.

hi clare the thing is we need to know what we can do we have found out today that the fathers are taking my daughter to court for custody of her boys due to her mental health being and we have been told they are within there rights to do this even with court orders in place, what we need to know is what we can do about this, going back to my daughters mental state she is very normal but is under a lot of stress with both fathers playing with her head causing depression and stress

Expert:  Clare replied 3 years ago.
Hi
May I ask what medication she is on and if Social Services or her health Visitor/Doctor have expressed concerns about the care of the children?
Clare
Customer: replied 3 years ago.

she is not on any medication as far as I know, all we know is that all this is causing her depression she does have two daughters that live with her and are in her care so if authorities thought she had issues why does she still have her girls.

Expert:  Clare replied 3 years ago.
Hi
Ok
has your daughter received any paperwork from either of the fathers?
What did the Police say when she asked them for help?
Clare
Customer: replied 3 years ago.

she as no paperwork at all just police saying the boys are safe and its going to court as this two fathers are working together to say shes got mental issues .very concerned parents we are as there are trying to break her down as she as lots of emails threats of them

Expert:  Clare replied 3 years ago.
Hi
Your daughter needs to do two things
Firstly approach the police again (maybe with the support of you) and point out that she has a residence order, there is no reason why the children should not be returned to her, and she requires their assistance in recovering the children
She should ask to speak to the Senior Station Officer and ask for an explanation as to why this did not happen when she first requested assistance
At the same time she should apply to the Court for an emergency order - the form is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c003-eng.pdf
This will force the police to help if they still refuse to do so
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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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