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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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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Our daughter shares custody with her ex-husband of their two

Resolved Question:

Our daughter shares custody with her ex-husband of their two sons. This week our daughter was contacted by the police at 4 am and told her they would be taking her sons to her house as their father had been arrested after a violent domestic argument with his wife. The boys are due to return to their father today but are nervous and frightened. My daughter would like to have the boys permanently with them seeing their father when they wish to. The father is incapable of taking care of the children on his own. What would happen if they did not return to their father later today?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
How old are the children and is there a court order in place regarding the child arrangements.
What time are they meant to spend with their father?
Clare
Customer: replied 2 years ago.

Dear Clare

The children are 9 & 10 years old and yes there is a court order custody.

Thank you

Expert:  Clare replied 2 years ago.

How much time are the children meant to spend with their father and have Social Services been in touch at all?
Clare
Customer: replied 2 years ago.

Our daughter collects the boys from school on Wednesday at 3 pm and has them until 5-6 pm on Saturday. Their father, and until this week their step-mother, has them remainder.

Social Services have not been involved in this matter.

Expert:  Clare replied 2 years ago.

Given what has happened it would not be unreasonable daughter to retain the children this weekend with a view to having an urgent mediation appointment to discuss the future arrangements.
She should also ask Social Services to complete an assessment before the children return there
It is a serious matter when the police have to intervene in this way.
Please ask if you need further details
Clare
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