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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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 two children age 4 and 10 both boys live with there mother

Resolved Question:

my two children age 4 and 10 both boys live with there mother and has been granted custody only some 3 weeks ago. some time last week, she was arrested and taken into custody,from what i can make out it was drunken and fighting, the children services did not contact me, or either did the police, to see if i could have them, and they where placed in temp foster care over night until, there mother was released from custody and it is still a ongoing case from what i have been told in brief. there is a prohibited steps order in place to stop me removing my children, and a remainder of a no molestation or still in place until November, it has already been declared i am a safe parent and there is no issues with me having or seeing my children, but none of this is in place at the moment. what are my rights as a parent and what should i be seeking for answers of children services, and should i no approach the court for custody of my children.
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 actually happened at the last hearing?
What contact was ordered?
Clare
Customer: replied 2 years ago.

there has not been any orders restricting me to see my children, but there is nothing in place for me to see them, as this needs a third party to manage, due to non molest order, i was accused of assault to my ex, but have never been charged for anything, my children was in my care from birth, we lived together for 11 years but she always worked and went partying most weekends, she lost her job to drink ect, and had wild affairs, both my children are disabled, and i had all there care needs met, as she had no moneys coming in, i think her plan was to get the children in her possession, as to benefit from there benefits , i haven't seen my boys since last November, i have been defending and fighting this court battle for my boys on my own, i asked for an adjournment a month ago, due to me waiting for more evidence from source, but a judge who was asked to leave the case for making an personal opinion on the first hearing disallowed adjournment, even tho a new judge was appointed in last hearing, i was not informed until the week later that the trial had gone ahead, neither the court or her solicitor contacted me until it was to late. and she ended up with a order for the children to remain in her custody and reside with her, so i am at this point now, as to what do i do next, i feel that children services have been complete bios, and had to make several complaints against them to get the to act correctly, i feel that i have been stitched up, all the other professional bodies , had concerns over my ex, and said i was the better parent, but children services failed to submit this in there reports ect,

Expert:  Clare replied 2 years ago.
Hi
Just for clarity - you knew of the last hearing date but did not attend?
Clare
Customer: replied 2 years ago.

yes, but had written 3 letters explaining why i needed an adjournment, and provided the details of who was supplying the evidence ie council, and there names and contact numbers, and this evidence that i needed was referred to in the last hearing prior to last court hearing. i was already in the process of obtaining it, but due to the council and there resources it took much longer than expected, the person in charge of said evidence also quoted she would be available to comment via phone if the court needed confirmation, i am a farther, and i was amazed to find out that the court did not have to tell me that the adjournment was not successful. and still had to attend regardless, i think the system is a big let down when it comes to defending your self, as things are not made clear of the processes involved. nor is there any help, it has made made a man into a mouse, i have lost my world, this country has gone to pot, i am sorry to go on, but i am at my wits end now,

Expert:  Clare replied 2 years ago.
Hi
No I am afraid it was up to you to check what the situation was and make a formal application to the court for an adjournment if necessary
Having said that there is no excuse whatsoever for the failure of Social Service to contact you when your ex was arrested and you should make an immediate formal complaint using the complaints process.
Make sure that it is in writing.
In view of what has happened it is reasonable to take the matter back to court immediately to have the issue of contact addressed so that you can resume your relationship with the children
Please ask if you need further details
Clare
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