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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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My daughter in law handed over my grandsons to their dad last

Customer Question

My daughter in law handed over my grandsons to their dad last November. The six and a half year old know attends a new school and the three and a half year old attends nursery and are both doing well. They have moved into a council property and are all happy and we'll. She has not had any contact by her choice, but now she is ringing the boys school and wants information on the boys. Their dad doesn't want their life upsetting again, what can he do. Mrs M
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare a
I will do my best to help you but I need some further information first.
Ha she threatened to remove the children from school?
Why did the children move to their fathers care?
Clare
Customer: replied 2 years ago.
She told him she couldn't cope anymore as she has three other children who r not my son's. No she has not threatened to remove them from school yet, he is worried she may try something. She can be a bit unpredictable as she has bipola. The two boys are happy and settled now.

Mrs M
.
Expert:  Clare replied 2 years ago.
Hi
Their mother has Parental Responsibility for the children and is fully entitled to speak to the school - and to ask for contact with the children.
It would be sensible for your son to try and discuss matters with her using family Mediation (www.familymediationhelpline.co.uk) and ask her to agree to a Consent Order that confirms that the children live with him.
If she will not then in view of her mental health problems it would be sensible for him to apply to the courts for a Child Arrangement Order that confirms that the children live with him.
details 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
Customer: replied 2 years ago.
I think it will have to be the second option as they can't get on at all very bad break up. Do you know how much it will cost my son to get the Child arrangement order as he is on benefit and I will have to help him with the money side.

Expert:  Clare replied 2 years ago.
Hi
He has to try Mediation first - it is a legal requirement
When that fails he can make the application himself and he can claim fee remission since he is on benefits
Clare
Customer: replied 2 years ago.

What if she won't go to a mediation meeting?
Expert:  Clare replied 2 years ago.
Hi
That is fine - so long as he has tried
Clare
Customer: replied 2 years ago.
She has tried to take the boys out of school today. What do we do next?
Expert:  Clare replied 2 years ago.
Hi
You son needs to make an Urgent application to the court for a prohibited Steps Order stating that his ex cannot remove the children from his care - the form is the same as the one I gave you the link to
Clare

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