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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34491
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 2 youngest children (12and 15) are staying with their

Customer Question

My 2 youngest children (12and 15) are staying with their grandmother against my wishes. She is claiming to be helping resolve the problem of the children not wanting me to have a partner. He was living with us but after a row I asked him to leave, which he did. The children have said they will not come back until I agree not to see him again and their grandmother is asking me for payment to support them. Its been 4 weeks and their grandmother cant give me an idea of when they will come home.I want them to come home, what can I do? I am not prepared to lose my partner. My mother is in contact with the children's father who i dont communicate with or want them to live with him. We have no official arrangement for the children, they live with me and see him as and when they want.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Why do they dislike your partner?

Customer: replied 1 year ago.
Th night of the row he was drunk and shouted about the girls dad being a wife beater. My 15 year old swore at him in return. The reason I divorced their dad was due to emotional and some physical abuse. My partner was mouthy and obnoxious. He has apologised to all of us many times since and I have made it clear he cannot behave like that again and he has moved out. But we are together and plan to be going forward. I called the police to get him removed from the house that night, and the girls heard me tell the police he had a criminal record from many years ago. Their older sibling lives with grandmother, since she turned 18 due to not liking me or my partner and she is very protective of her sisters, she comes straight round and picksthem up whenever they had a problem prior to them moving in with grandmother.
Expert:  Clare replied 1 year ago.

When will the 15 year old turn 16?

What have Social Services said?

Customer: replied 1 year ago.
The 15 year old turns 16 next January. Social services have spoken with me and have recommended mediation. I have left a message on the number they gave me
Expert:  Clare replied 1 year ago.

I am afraid that both of the chidlren are of an age that means that if they refuse to return home neither the Courts nor the police will force them to return.

I am sorry as I know that this is not what you wish to hear

You may also face a problem with Social Services if you are not willing to stop seeing your partner even if the children do wish to return.

I know that this is not what you wish to hear but i can only be honest with you - family mediation is the only option

Also if they do live with their grandmother you will indeed be liable for maintenance

Again I am so very sorry

Please ask if you need further details