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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 was given residency of her two older children from

Customer Question

My daughter was given residency of her two older children from a former partner, she then married someone else. Unfortunately this marriage split up. My daughter asked the childrens father if he would have the children until she found a house as she had to live with various friends, sleeping on their sofas. He agreed to have the children until she got a house and got sorted. she has after five months found the ideal house with gardens for the children to play in. Last thursday she informed her former partner that she was in a position to take the children back. She has had contact from thursday to saturdays. He has refused to let them go back to her and is refusing to let her have contact with the children.
Does the original residency order still stand or does she have to go back to court.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children?
Clare
Customer: replied 3 years ago.


7 years and 8 years

Expert:  Clare replied 3 years ago.
Hi
What reason has he given for the refusal - what contact was he having before he had them full time?
Clare
Customer: replied 3 years ago.

just that she can't see them. He has taken the children out of school early all week so that my daughter can't see them.
Tonight my daughters friend went to see the children and he let her give them a kiss and cuddle, as soon as he saw my daughter he grabbed the children and dragged them into the house, my son put his foot in the door so he couldn't shut it. my daughter managed to get in but he slammed the door shut and locked the door. So her friend called the police.

Customer: replied 3 years ago.


He had friday to sunday three weekends out of four

Expert:  Clare replied 3 years ago.
Hi
Your daughter could in fact simply collect them from school at lunchtime - but this would NOT be a good way to deal with the matter.
Whilst she does hold a Residence Order she voluntarily gave up their full time care five months ago and that means that matters may need to be reconsidered in terms of their long term care.
Your daughter should seek an urgent family mediation appointment (www.familymediationhelpline.co.uk) to discuss a new shared care pattern - maybe alternate weekends Friday to Monday plus one or two nights a week so that the children spend more time with their father than before
If that fails then she should make an urgent application for a Child Arrangement Order so that the Court can consider the matter. At that stage she could offer to agree that she will not retain the children until matters are resolved so that Contact (maybe Friday to Monday) can be re-instated.
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
Customer: replied 3 years ago.


My daughter has informed me this morning that her expartner has arranged with the school to ring the police if my daughter goes near the school. He has told all the parents at school that my daughter tried to kidnap the children last night, when all she wanted was to see her children.

Expert:  Clare replied 3 years ago.
Hi
The School cannot stop your daughter removing the children unless her ex obtains an emergency order stating that the children live with him
She needs to take the outlined action as soon as possible
Clare
Customer: replied 3 years ago.


thank you, ***** ***** given me some useful information.

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - i hope all goes well
Clare

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