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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33949
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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me and my children were having good time together with all

Customer Question

me and my children were having good time together with all good and bad things ,suddenly my husband manipulated the kids and accused me for smacking my 9 years old daughter which I didn't ,due to the situation I need to leave the house because of the investigation ,and then my husband didn't let me come back in the house ,socialworkers were involved and he refused them to have the contact with my kids ,I went to court informed them everything but still didn't have my kids back ,my family house is been sold and im waiting for my share ,in july court decided to give us shared custody when we ll have our proper house,but didn't give me permission to take the kids with me so far ,while all the alegations were dismissed because there was no proof and evidence for that,im having weekly and fortnightly weekend with my kids which is nearly stopped as my husband is not promoting and im still waiting for the court to give residency as my husband is using my kids to stop the contact ,will I get my children back in future so we can live a normal life again,as most of the time mother is the main care and my are children are only 10 and 8
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 was the eventual outcome of the Social Services investigation?
What contact are you meant to be having - and when did you last see them?
Clare
Customer: replied 2 years ago.

social workers and police closed the case in sep 2013 after 15 ,20 days of investigation because they couldn't find any truths regarding my husband and my daughters allegation,im having contact on every thursaday 6.30 to 9 in the evening and every other Saturday sunday from saturday10 to sunday 6,and it was meant to be in family house ,but because its sold now and him and children are moved to his parents house and initially I was used to go to his parents to pickup the kids but now its getting worst because my husband is not making them available and excuses are that children don't want to see me ,but actually they want to ,its just because of manipulation and bad influence of my husband restricting them to see me and my children are only 10and 8and are at emotional harm,which court is not considering ,im willing to have my house on rent probably to tell the court tha there is no problem for me to home them and that they need emotional support

Customer: replied 2 years ago.

social services were been asked to make 7 report and suggested to the court that joined custody will be given once we have proper house and court still said that children will live with father and ill have contacton certain days,i saw my childrenlast Saturday sunday in kids place where my husband was meant to hand over them ,and leave but instead he stayed there and called his friend during my contact which was very uncomfortable then on Thursday 13 nov I didn't see then ,he said they don't want to see me ,on 6th nov I went to see my kids and my daughter came out to tell me that don't want to come with me ,my husband takes my kids out during my contact time while socialworkers asked hime to stay home and kids shouldn't go anywhere,but he is breaching the orders and don't care about social workers,last week on Thursday I informed the court through letters and emails but still didn't have any response from them

Expert:  Clare replied 2 years ago.
Hi
Are you meant to have the children overnight?
Have you had them overnight?
Clare
Customer: replied 2 years ago.

yes overnight

Expert:  Clare replied 2 years ago.
Hi
When did you last have them overnight?
Clare
Customer: replied 2 years ago.

sep 13 2014 was last overnight stay

Expert:  Clare replied 2 years ago.
Hi
Why has it not happened since then?
Clare
Customer: replied 2 years ago.

I go there to see them and he asks them to come and tell me that they don't want to go,and children are continuously saying that they don't want to see me ,and my husband doesn't discourage their behaviour,last time I met them in kids place on 8novener Saturday and it had to be for overnight but they didn't want to come

Customer: replied 2 years ago.

children are emotionally blackmailed and their voice is pressed down and children are saying that they don't want to see me ,while when they are with me ,they really like it and enjoy with me ,when I drop them back to their dads, they don't come next time and he asks them to tell me that they don't want to come

Customer: replied 2 years ago.

children are continuously saying that they don't want to go with me ,but they say they love me but just don't want to go with me,thats why im asking you to explain me how ill have my kids back they are too young to decide

Customer: replied 2 years ago.

contact has stopped because children don't listen to me and are spoiled and don't want to go,and father is happy with that and encourage them to decide whatever they want to and he tells then that no one can force you to go with you and this make them overwhelmed and stubborn that they don't care about me any more

Expert:  Clare replied 2 years ago.
Hi
Would it be possible for you to collect the children from school?
Clare
Customer: replied 2 years ago.
I don't think so because I usually work that time and secondly I havnt got courts permission ,but im thinking to join them when they go to school,at least I can see them in the morning ,what do you thimk?i can consult that with my mediatorand I can arrange that for kids
Customer: replied 2 years ago.

children might be fussy if I go to collect them ,and might not come with me ,but I can go with them in the morning

Expert:  Clare replied 2 years ago.
Hi
If the court changes the Order could you collect them from school?
Clare
Customer: replied 2 years ago.

at the moment im working when its childrens collection time I usually work in after school club every day,i want them to live with me so the life be settled,thats what im looking in the court as a mother I have my rights that children should live with me ,but if court is happy to make a order that I should collect them from school then I can do that by quiting my afternoon job,will it be possible if court makes the order for everyday collection,wht are the other possibilities?i need the proper guidance Clair my life is at risk because being away from children is very hard for me,will I ever get the custody of children?

Expert:  Clare replied 2 years ago.
Hi
How long has it been since the children lived with you?
Clare
Customer: replied 2 years ago.

they have not been living with me since last year Aug 20 th2013

Expert:  Clare replied 2 years ago.
Hi
Have you applied to enforce the existing Order at all?
Clare
Customer: replied 2 years ago.
No I haven't ,my solicitor never told me that ,how can I apply ,do I need to take a form from court ,how can I make the application
Customer: replied 2 years ago.
Do I need to make the application for enforcement of existing order ,will get the application form court
Expert:  Clare replied 2 years ago.
Hi
You can apply to enforce the order using a Form c79 available here
http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2151/C79_1108.pdf
It would be better if collection and delivery moves away from their father's home to a neutral venue to stop him from influencing them.
A Shared Care Order is the best result that you are now likely to achieve I am afraid - but enforcing the existing Order is an important first step
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33949
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for your help Clair,my name is ***** ***** im from Asian Pakistani background,after living with abusive in laws and husband ,now im fighting for my three kids to reunite I have been struggling from last year and children are getting worse ,they love me they miss me but don't come with me,i was looking for professional help,and now got lot of information from you ,I hope in future if I need any help ,ill be able to contact you,thanks

Expert:  Clare replied 2 years ago.
Hi
This group
http://www.asianwomencentre.org.uk/
may also be able to provide support
Clare

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