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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife left me for 2 weeks now and she took my 2 children

Resolved Question:

hello my wife left me for 2 weeks now and she took my 2 children with her 3 and 2 years old the problem i don't have any contact i am in very bad situation and stress what can i do now i checked some tricks about sending a registered letter to get a contact before take a legal action like contact order to the court can you advise me please or if i can used the mediation to help me save my problem because i don't have any problem with my wife and she change soddenly her feeling about me and accuse me that i am nervous too much with really is no true
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Firstly, your children have a right to a relationship with you which can only reasonably be restricted if there are child protection concerns. In the absence of such concerns it is in the interests of the children to have a regular and formal arrangement for them to spend time or live with both of you. Initially you should write to her and put forward your proposals for contact and why it is in the children's best interests. If this goes unanswered I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:

1.The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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