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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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At the moment my ex wife has our 2 children living with

Resolved Question:

Hi. At the moment my ex wife has our 2 children living with her in the ex family home, for which I still pay half mortgage and child support. There is no court order or anything just a verbal agreement that she has them. She recently took an overdose with the children in the house. Although she is getting support for that.
What I need to know is. If I want to take over full time care then ďo I have to go through courts or can I just take over.
Regards ***** *****
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. How old are the children and were you married at the time of their births? What are the current arrangements for them to be with you/see you?
Customer: replied 1 year ago.
They are 9 and 11 yes we were married it time of birth
Expert:  Harris replied 1 year ago.
What are the current arrangements for them to be with you/see you? Are social services involved because of the concerns?
Customer: replied 1 year ago.
I have them every other weekend. Yes there is a child protection order in place.
Customer: replied 1 year ago.
She has long term depression for which she takes tablets
Customer: replied 1 year ago.
She is also going through court proceedings against her ex boyfriend for physical abuse and criminal damage.
Expert:  Harris replied 1 year ago.
Thanks. Legally, as you are their father and you have parental responsibility, if there are concerns about the level of care provided to the children due to her depression, overdose, and abuse, then you can remove the children from her care until the concerns have been dealt with. However, as there is a child protection plan in place, social services should be informed of the incident and notified that this is what you intend to do. You will appreciate that the status quo appears to be that she is their main carer, and any removal without discussion with the mother may cause an incident between you and it may therefore be best to attempt to arrange a meeting between you, the mother and the social worker to inform them of your intention to place the children in your care. If the mother opposes this, then you can apply to court on an urgent basis for a child arrangement order for the children to live with you. You can do this using a Form C100 (together with a C1A form listing the child protection concerns), and a £215 court fee to your local family court. You can do this in person once it has been prepared.In the meantime please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
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