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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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Hello, I have recently separated from my wife after 10 years

Customer Question

Hello,

I have recently separated from my wife after 10 years of marriage. We have 2 children from the marriage - both 10 years old (a boy and a girl).

It has been about 5 weeks that I moved out and I have been unable to see the kids because my ex and family refuse to let me see them or take them out for lunch or anything at all.

I love my children and I am getting very frustrated at not seeing them and I missed them terribly. I am not sure what to do, whether to try to get a court order to allow me contact with them & spend some time with them.

My ex keeps telling me that she has the law on her side, being the mother and there isn't much I can do and if I make any trouble for her, then she would just take them out of the country and I won't see them again. I am worried and scared of losing my children and not seeing them again, the thoughts of that keeps me awake all night.

Any help or advice you can give would be really appreciated.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
Your ex is wrong
The law says that children are entitled to contact with both parents and the courts WILL enforce this of necessary.
You should try and negotiate with your ex using Family mediation (www.familymediationhelpline.co.uk)
If that fails then you can apply to the court for a Child Arrangement Order setting out what time the children spend with you - and this will be enforceable
You can also ask for a prohibited Steps Order which spells out the fact that she cannot simply take the children out of the country without your agreement or an order from the court
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi Clare,

Thank you for your response it is very informative.

I am not sure family mediation would work for us right now because my ex is so angry right now that she can't see beyond her hurt.

You said I can take prohibitive steps to prevent my ex from taking the children out of the country without my knowledege, would this be with the court or the home office?

Thank you for the information, much appreciated.

Kind regards
Expert:  Clare replied 2 years ago.
HI
Whether mediation works or not you have to have tried it before making the application to the court - and it is the Court that you apply to for a Prohibited Steps Order
Clare

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