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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Following and argument my husband took my children on friday

Customer Question

Following and argument my husband took my children on friday while i was out of the house without my consent and refusing to bring them back home. the police would not help me as they believe the kids are safe with their dad. i would like to know how i could get them back please
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Good Morning
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- how old are your children?
- where has your husband taken the children?
- is your husband saying there are issues why your children cannot come back?
- do you have any concerns about your husband?
- are there any current court orders in place?
Kind Regards
Caroline
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Good morning Caroline,
Many thanks for your help. i answer the questions here, but i just wonder if it would be possible to explain the situation over the phone as well please? It would be easier for me, please.
Following a domestic argument on friday morning over my husband cheating on me I was taken to a police station for questioning. Upon my return home my children aged 2 and 4 years old were taken by him. My husband took them out of our home in East Dulwich to Putney to his god mother's residence without my consent. Now he reluctunt to tell me when he will return the kids back home. He is saying that he is worried about their safety which is completely unfounded. I have concerns about my husband as he has been depressed in the past 2 years and I don't think he is in the right state mind to make any decisions about the children or himself. I am concerned that this advise of keeping the children away from me and their home/school is coming from my mother in law. there are no current court orders in place we are married. Any help or legal advise on how I could get the children back asap would be much appreciated. Also would like to know if it is legal for him to keep the children away from and how long if at all can he do that? They need to go to school and nursery tomorrow as well. Many thanks, Zsuzsanna
Expert:  ukfamilysolicitor replied 1 year ago.
Dear Zsuzsanna
I am able to help you with this.
I am currently out at the moment but call in about an hour and half - if this is ok?
I will send you a request.
I can then follow up, after the call, by detailing the steps you need to take by posting follow up on here.
Kind Regards
Caroline
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much, I am waiting for your call around 12 ish.
Expert:  ukfamilysolicitor replied 1 year ago.
Your very welcome.
Your phone number hasn't come through for me - please could you kindly request that customer service post it privately for me.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hello Caroline,
My number is *****
Many thanks,Zsuzsanna
Expert:  ukfamilysolicitor replied 1 year ago.
Got it - thank you
Expert:  ukfamilysolicitor replied 1 year ago.
Dear Zsuzanna
It was nice to speak with you.
I will prepare a follow up for you now.
This will take me about 10 minutes.
Kind Regards
Caroline
Customer: replied 1 year ago.
Caroline,
Thank you very much for your help.
Expert:  ukfamilysolicitor replied 1 year ago.
Dear Zsuzanna
These are the application forms you need for court:
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2253
And
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=74
There is a court fee of £215 but you may be eligible for a remission depending on your means - see:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex160a-eng.pdf
You need to provide a full statement with your application detailing:
- what happened on Friday
- the children were not present
- the injuries that you have
- how the police took no further action and told you that it didn't even merit a referral to social services and they had no concerns about you caring for your children
- how your husband too the children without your permission
- how you are being denied a relationship with your children
- that your husband has said he will be stopping them from going to school / nursery
- the concerns you have about your husbands mental health
- how the children live with you normally, how you are their main carer and that they should come home
- how your application is urgent as you do not consider their needs are being met
This link will help you locate your local family court:
https://courttribunalfinder.service.gov.uk/search/
You should call the court and tell them that your application is Urgent. They may ask you to drop off your papers / email them. Ask for the hearing to be listed urgently. It is likely that it will be listed within days with notice being given to your husband to attend.
These are the letters I was telling you about to try and get legal aid. Your doctor can complete either and if they do take them to a Legal Aid Solicitor so they can assess your means:
https://www.gov.uk/government/publications/give-proof-of-a-referral-to-a-domestic-violence-specialist-support-service
https://www.gov.uk/government/publications/give-evidence-of-injuries-consistent-with-domestic-violence
This link tells you about means for legal aid:
https://www.gov.uk/guidance/civil-legal-aid-means-testing
If you cannot obtain representation then you can take a friend to court to assist. They cannot speak to the Judge for you but they can support you.
Kindest regards
Caroline

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