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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1171
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I currently have two children aged 7 and 4 with an ex

Customer Question

Hello. I currently have two children aged 7 and 4 with an ex partner. We didn't go to court over their care and I do the normal alternative weekends. I've had an extra day off work and believe it's in the kids best interest to stay with me for an extra
day. The ex-girlfriend doesn't agree and has stated she is sending her new male partner to come around to collect the kids. If he takes the kids off me without consent from me, is that classed as abduction? Likewise, if she comes arounds and forcefully takes
them off me - Is that classed as abduction? There is no court order for custody etc.
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question - it would not be classed as abduction. It is however important that a schedule is agreed as to the time you spend with your children. It would not be in your children's best interests to watch the adults 'fight' over who is spending time with them.
If matters cannot be agreed then you should follow this process:
Before an application can be made to court, matters first have to be referred to mediation. If you do not do this the court will likely reject your application. You can self refer to mediation through an organisation such as National Family Mediation www.nfm.org.uk
If you can't resolve matters at mediation then you need to complete Form C100 and send them to your local court seeking a child arrangement order to spend time with your children. The court fee is £215.
If you don't have parental responsibility (not named on the birth certificate or married to the children's mother when they were born) - then you will also have to ask for permission to apply to the court. If this applies to you - you should also ask the court for a parental responsibility order as well as a child arrangement order.
The court has a fee remission scheme. You should complete form Ex160 and send it to the court with your application to see if you are eligible for a fee remission/ reduction.
Kind regards
Caroline
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Customer: replied 2 years ago.
Hello - Thanks for that advice. So are you saying that if her partner comes here and he forcefully takes the kid off me, he's completely within reason to do so?
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
If there is any confrontation then you could call the police. They are however likely to say that it is a civil matter and won't get involved.
It's better the children don't see any conflict and better to follow the process and try and keep things amicable.
Kind Regards
Caroline