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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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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My wife and I have recently separated. After a couple of days

Resolved Question:

My wife and I have recently separated. After a couple of days apart she told me the marriage was over but will not discuss anything at all. She has refused me access to the children aged 3 & 2, does not answer calls or texts and now her phone app0ears to be disconnected. As far as I am aware She and the Children are staying at her parents who have only answered the phone once.
I am desperate to see my children, I have joint parental responsibility. What do I do ? Also as she took the children without my permission and I have doubts over her ability to look after them can I not just go and get them back ? Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstHow recent is the separationHow far away have they gone?
Customer: replied 1 year ago.
7 days, approx. 15 miles
Customer: replied 1 year ago.
H, still waiting to hear back from you. Thanks.
Expert:  Clare replied 1 year ago.
My apologies - I had missed your answerWhat are your concerns about her ability to care for the children?Who has had their day to day care until now?
Customer: replied 1 year ago.
I already replied to this yesterday. Until a month ago i was there main carer while she went out to work full time. She didnt want to do this any more so i now work. The house has been in turmoil several times when I have got home with damage done around the house. Drawing on walls and furniture etc. She is not supervising them and they are being left to run riot. She also has the beginnings of a eating disorder.
Expert:  Clare replied 1 year ago.
You both have Parental Responsibility for the children and the right to have the children in your care.Tempting though it may be to simply collect them from Nursery it is never good to place the children in this position - and wouldbe much frowned on by the court.However the law says that children are entitled to spend time with BOTH parents and the courts will enforce this if necessaryYour starting point is to arrange a Family Mediation appointment to see if mediation cane be used to reach an agreementIf this is not possible then the Mediator will give you a certificate which you need to make the applictaion to the court using a form C100to allow you to apply for a Child Arrangement Order setting out what time the chidlren sped with both of you.Given your pervious position there is no reason why this should not be a full shared care arrangement - or even with the children spending more time with youI hope that this is of assistance - please ask if you need further detailsClare
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
If my wife turns up at mediation and court and makes all kinds of allegations about me but with no proof or foundation what would be the courts view ?
Expert:  Clare replied 1 year ago.
Unless there is evidence that you put the children at risk then there is no reason why contact shoudl not happen