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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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I have been through domestic violence and separated from my

Customer Question

I have been through domestic violence and separated from my partner, I have 4 children and have social services assess my wellbeing. I have 3 of my children including a 1year old living with me my, son of 5 is with his father who usually has 3 days access a week but when my partnership broke down and we were forced out of our home my sons father offered to help and take Ashton to his home, as his school was close by and he had his own room and bed. As we didn't want Ashton affected by anthing or seeing me at a very low point. My other 2 children are in there teens and could cope with the situation a lot better. Its been 6 weeks now and I am back in our familyhome till we are rehoused that's me and my 2 oldest and baby, social services have assed everything and say the children are fine and well looked after, they have told ashtons father this and say ashton should be returned home and go to our normal arrangements.It has been 3weeks since I have seen ashton with contact at my mothers. Ashtons father has said he finds my mental health is not right for ashton to come back, social service have assured him they are fine as if not then my other children would be removed. ashtons father has I have to see a solicitor and apply to the courts, I am very distressed over this upsetting myself and ashton and need him home. I would just like some advice on what route is best solicitor or police as I have full custody rights with ashton. His father has some responsibility but I am quite sure he has no right to just keep him. It is nearly xmas and I need the quickest route to bringing him home with his brothers and sister. Thankyou S Hudson
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
Is the father named on the birth Certificate?
What contact are you having with your son at the moment?
Clare
Customer: replied 1 year ago.
Yes his name is ***** ***** certificate, and very little time as his father refuses to let him come to the family home, it's been 3 weeks and Ashton is gettin worried now
Expert:  Clare replied 1 year ago.
Hi
I am afraid that that means that your ex has Parental Responsibility for your son and as much right to have him in his care as you do.
The only way that this matter will be resolved could well be through a Court application to re-instate the shared care arrangement that you had in the past
The starting point is to organise an urgent appointment for Family mediation
www.familymediationhelpline.co.uk
and if that fails then you will need to make an application to the court details here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb007-eng.pdf
I am so very very sorry - but there is simply no quicker option in these circumstances
Please ask if you need further details
Clare

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