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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33279
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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father wont return kids

Customer Question

hello my childs father told me he would have kids for a couple days and when he was due to return them he said no, he had been to social servises saying he was worried about the kids and showed them text id sent about them saying i was tired and 1 of them was being irritating. he then said he was keeping them and going to file for full custardy and the social worker involved is taking his side, she dosent like me, there was already a child protection order in place which i was complying with and doing everything they said as they said it was due to emotional harm as my bond with me son wasnt as good as it was with my daughter, they had in the past said i had to go to doctorrs for my mental health and low mood and i explained over and over again i had no problems or low mood and it was agreed that a line would be drawn in a meeting, but now that my ex has done this my social worker is bringing it up again because iv been crying but i am 5 month pregnant and im bound to cry when i cant get near my kids, what can i do

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.
How old are the children and what was the previous pattern of contact?
Clare
Customer: replied 2 years ago.

hello the children are 4 and 2 years old, he had them once a week for exactly 24 hours

Expert:  Clare replied 2 years ago.
Hi
How long have they been on the Child Protection Register?
Clare
Customer: replied 2 years ago.

about 2 month, they were on child in need plan for about 2 month but decided to bump it up to child protection because i didnt go to doctors, i didnt go because i have no needs im not depressed so i wouldnt even know what to say to doctor other then that they have told me i have to go for my low mood

Expert:  Clare replied 2 years ago.
Hi
How long have they been with their father now?
Clare
Customer: replied 2 years ago.

they have been with him since monday tea time, he was supposed to have them for 3 days and after 3 days wouldnt answer phone and text the next day saying i cant have them and to go to a solisitor. i have messages on my phone to prove that he was only supposed to have them for 3 days to give me a break, but he lied and had no intentions what so ever of bringing them back

Expert:  Clare replied 2 years ago.
Hi
Have you received any papers from the court?
Clare
Customer: replied 2 years ago.

no i havent i have to see solisitor tomorrow so want as much info as possible please

Customer: replied 2 years ago.

hello?

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
Since your ex has Parental Responsibility for the children he is just as entitled to have the children in his care as you are.
Your way forward is to make an emergency application to the court for a Child Arrangement Order stating that the children live with you and an order that he returns then to your care.
I cannot mislead you the fact that the children are on a Child protection Order and that he has the support of the Social Services is going to be a very major problem
One way that you can fight that is to go to your Doctor and explain that other people are concerned about your low mood and you need to show that you have sought advice.Another way of getting around the problem would be to ask for a Shared Care arrangement where the children spend time each week with both of you so that you can show Social Services that you are indeed taking steps to take care of yourself.
I know that neither of those options is what you need or want BUT they will increase the chances of the children being returned to your care - especially if you are seen to be the one who instigated them
Please ask if you need further details
Clare

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