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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33297
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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I need some advice for my cousin his wife disappeared yesterday

Customer Question

I need some advice for my cousin his wife disappeared yesterday with there 10 month old baby, with out a word. eventually the police were called and today we have been informed by the police that she has been sighted and is in a safe house. 1. we are confused how she could get put into a safe house when he has never touched her. Also I feel I should point out tat tis is what her three sisters have done in order to get a council house. The main question is what can my cousin do about getting access to his child.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
What is her immigration status?
Clare
Customer: replied 2 years ago.

she is irish, but lived in Bristol for most her life

Expert:  Clare replied 2 years ago.
Hi
Thank you for that
is your cousin in touch with any of her family members?
Clare
Customer: replied 2 years ago.

He spoke to them yesterday they denied any knowledge of where she was. but he received a message today telling him if he doesn't stop with police involvement he will never see the child again. there is concern about dealing with her family as they are gypsies and all hve criminal records for assult

Expert:  Clare replied 2 years ago.
Hi
Are they actually travellers or do they stay on site?
Clare
Customer: replied 2 years ago.

they stay on site. we are concerned she may take the baby bk to ireland

Expert:  Clare replied 2 years ago.
Hi
Does his wife claim any benefits?
Clare
Customer: replied 2 years ago.

no benefits other than child benefit (family allowance). he just wants to see his child

Expert:  Clare replied 2 years ago.
Hi
The law says that a child is entitled to reasonable contact with both parents and the courts will enforce this if necessary.
In addition his ex cannot remove the child permanently from England and Wales without his agreement or an Order from the Court.
Given the risk your cousin can and should apply to the court for an Order which specifically prevents her from removing the Child from the UK.
He can do this using the Form here
http://www.thecustodyminefield.com/CourtForms/c100.pdf
He should also ask the court for an Order that theDWP release his ex's address TO THE COURT for service
Please ask if you need further details
Clate

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