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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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Hi, my sons wife just upped and left yesterday for no good

Resolved Question:

Hi, my sons wife just upped and left yesterday for no good reason other than she is fed up (he works long hours and they havent been getting on). She has disappeared to either her parents house or a safe house (as she said she had no where else to go - but he has not been violent) and will have no contact with my son, she is not returning texts or calls and has stopped speaking to me now too as I was trying to mediate. She has taken her daughter (6) and their joint daughter (2), along with her lap top which has crucial business information on which my sons needs desperately (he is elf employed and has no client order info as she dealt with that. My son wants to have access to his daughter and needs the business info off her lap top urgently - most important to access to their child. What can he do?
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.
Have you contacted her parents to ask if she is there and the children are safe?
Clare
Customer: replied 3 years ago.

Yes, we have tried but her parents will not speak to us and we feel she is thee. She contacted my son vis text last night and said she and the girls are fine, she doesn't want to a argue in front of the children, will not see my son but he can see his daughter soon, when she says. We need to know what rights he has and what to do and also everything is in his name at the house and they have a lot of debt, she has now walked away and left him to pick up the pieces. Most importantly he wants to establish staying contact with is daughter, he is in the family home and the is no reason for Millie not to be able to stay with him - but his wife is adamant she is scared he will take Millie so won't allow ANY contact right now which is unfair on both my son and my grand daughter. I'm not sure if its relevant but his wife and her family are all Jehovah Witness ' - his wife had come away from it when they met but is now back into it and taking his daughter to all the meetings which he is not happy about.

Expert:  Clare replied 3 years ago.
Hi
Who owns the house?
Clare
Customer: replied 3 years ago.

its rented accommodation with a fixed contract until feb 2015

Customer: replied 3 years ago.

Still awaiting an answer and its urgent - if you don't want to reply quickly please allow another expert to help as I have waiting 24 hours for you so far.

Customer: replied 3 years ago.
Relist: Other.
It has been over 24 hours and I still haven't had an answer yet I have paid! Very inconvenient and not happy.
Customer: replied 3 years ago.
Relist: Other.
Paid but no answer
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay - we are all working lawyers and I spent the majority of the day in court.
There are two issues here - his information and his contact with his daughter
With regard to the information the only option is to try and convince his wife that it is in her interest to get the information to him - you could point out to her parents that child maintenance is based on a percentage of his income - so more income means more maintenance.
Alternatively he could seek an urgent Family mediation appointment (www.familymediationhelpline.co.uk) to discuss the return of the information
With regard to the contact the law says that a child is entitled to regular contact with both parents and the courts will enforce this if necessary.
Again the starting point is Mediation - but of she refuses or it fails he can apply to the court for a Child Arrangement Order setting out the time the child spends with him.
He can read more on these sites
http://theparentconnection.org.uk/
http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
He may also wish to address the issue of religious worship. He will find the court sympathetic to his wish to keep his child away from the services
So far as the financial position is concerned your son will have to pay 12% of his GROSS income (after actual expenses) as child maintenance
I hope that this is what you need to know
If I have missed anything then please ask - i am NOT in court tomorrow
Clare
Customer: replied 3 years ago.

Thank you for your answer. As his wife has had no contact with him or us and will not respond to any phone calls or texts we are at a loss of what to do - it has been a week since she left, he has not been able to see his daughter and she has his car and his laptop which is causing serious business issues. She refuses to speak to any of us which is a disaster as we can't help sort it out. He has a mediation appointment booked for tomorrow but as she will not attend he has no idea what to do. Surely she cannot be allowed to literally steal his daughter away and provide no address, he doesn't know how he will be able to do a court order if he has no address for her. How long will an emergency order take so he can gain access and would he be able to apply for residency bearing in mind his wife is on anti depressants, has no place to take his daughter except to stay in a small house with her parents and her parents friends all of whom are strict Jehovah witness which my son feels is totally inappropriate? We really need to know what the quickest way to get access to Millie is and if there is a quick way we can enforce the return of his car and laptop? Thank you

Expert:  Clare replied 3 years ago.
Hi
He has already taken the first step - he is attending mediation tomorrow
Once that is out of the way then he can apply to the court for a Child Arrangement Order
He can ask for an Order that the DWP release her address TO THE COURT - or you can spend £100 and get an enquiry Agent to trace and serve her
I am afraid it is unlikely that he will get the car back at this stage - but once in court he may be able to negotiate the release of the information
Clare
Customer: replied 3 years ago.

How long will it take to get an order to see his daughter? Also what is the likelihood of residency of his daughter with him based not he info supplied in my last message - you didn't answer the main points which are how long, and likelihood of residency, thank you.

Expert:  Clare replied 3 years ago.
Hi
It is not an emergency application I am afraid.
If you use an enquiry agent then the first hearing is likely yo be within a few weeks and it is likely that Contact will start at that point
It is harder to assess the Residence position - but a shared care arrangement is certainly achievable
Clare
Customer: replied 3 years ago.

Thank you - why is it not an emergency application when he has no contact and he is concerned for her welfare?

Expert:  Clare replied 3 years ago.
Hi
Unfortunately unless she is physically at risk - or at risk of being taken abroad it is not viewed as an emergency
Clare
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