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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2546
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife has taken my kids from school around 2pm. The school

Resolved Question:

My wife has taken my kids from school around 2pm. The school finishes at 3.15pm. I have no idea where she has taken then. I am extremely concerned about their well-being. It's 7pm now. What should I do
Submitted: 7 months ago.
Category: Family Law
Expert:  Harris replied 7 months ago.

.

Expert:  Harris replied 7 months ago.

Hi, thank you for you question. You should contact the police immediately given the past issues and concerns you have. Is there any risk she could leave the country?

Customer: replied 7 months ago.
I contacted the police and told them my concerns and past issues. They said she has legal right to the kids and that she can take the kids without my consent. She has just phoned the police informing them the kids are fine. What do i do now
Expert:  Harris replied 7 months ago.

You will need to consider pursuing an urgent application to court for a child arrangement order due to her moving out and taking the children out of school. You can do this using Form C100 and a £215 court fee as previously explained.

I hope this assists you. 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 your question without a positive rating. Thank you

Expert:  Harris replied 7 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Customer: replied 7 months ago.
The other solicitor said i need to complete C66 form. Which one is it?
Expert:  Harris replied 7 months ago.

A C66 form will allow you to apply to court to make the children a ward of court and for the court to share parental responsibility with both of you. Given the information you have provided this is not the desired order and a C100 form is required to pursue a child arrangement order application.

Customer: replied 7 months ago.
But i dont know where she is currently staying with the kids. So how can you serve notice to her
Expert:  Harris replied 7 months ago.

In that case you will need to apply for a seek and find order, using Form C4 at the Central Family Court in Holborn.

Customer: replied 7 months ago.
Can you complete c100 and c4 together and take it together to court
Expert:  Harris replied 7 months ago.

Yes - the C4 is to search and locate and the C100 will be for a child arrangement order once located.

I hope this assists you. 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 your question without a positive rating. Thank you

Customer: replied 7 months ago.
How does the find and seek order form work.
Expert:  Harris replied 7 months ago.

The form is here: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=84

It is fairly straightforward to complete. In section 3 you need to include all details of anyone that may know here whereabouts (eg. friends and family).

Customer: replied 7 months ago.
What order will the judge make and what happens next from c4.
In c100 I want to write in urgent without noticedue to my concerns of my kids welfare. What will the judge order and how will it be executed
Expert:  Harris replied 7 months ago.

The judge will likely look at making a search and locate order and may direct for whomever you name in the C4 application to attend court if disclosure of her location is not made.

The C100 is likely to take longer as she will need to be served with the application and be given an opportunity to engage and respond to your application.

Customer: replied 7 months ago.
Then why is there a choice on c100 to have urgent hearing or without notice hearing. How does this work
Expert:  Harris replied 7 months ago.

You need to tick both. There can be an urgent hearing with notice, or an urgent hearing without notice. From your situation yours is urgent and without notice

Customer: replied 7 months ago.
How long will the urgent without notice take
Expert:  Harris replied 7 months ago.

You should attend court in person and you will go before a judge on the day. The court will likely only make the search and locate order and adjourn the child arrangement application to later date

Customer: replied 7 months ago.
What about the prohibited steps order in c100. What I need is for my wife to stop my kids being taken away from their home and to return them to their home.
Expert:  Harris replied 7 months ago.

As it has already happened there seems little point in applying for a prohibited steps order as, if the court makes one a child arrangement order will have the same effect.

Customer: replied 7 months ago.
what if she starts moving the kids to another school so I don't know
Expert:  Harris replied 7 months ago.

Then you would need a prohibited steps order but will need proof that she is doing so

Customer: replied 7 months ago.
I am going to write the following reasons for urgent without notice C100. Pls prove read and help me to add if I was any correction
1. My expartner has a very erratic behaviour. She has made few false allegations against me n has been arrested for the assualt she did to me . She can be extremely aggressive n voilen. There has been incidents when she raises hand on me in ftont of my elder boy and shouting n arguing infront of kids without considering the effect her unacceptable behaviour will have on child's mental state.
2. She have taken kids from school n disappreared untill now without informing me or trying to contact me. Although I have made many attempts to locate my child and know about how they are by trying to contact her. She have completely abused the system and jeopardise my children's welfare. She didn't think about the effect on children's mental state becsuse of her abrupt decision. She have basically depreived them from their normal life n educational rights by not sending them to school as confirmed by school
Expert:  Harris replied 7 months ago.

That seems fine. You also need to add what order and proposals you seek the court to approve/make

Customer: replied 7 months ago.
3. My elder boy is very emotional and he have told me several times that he wants to be with me. Any little change in the normal life puts him into a lot of stress n makes him sad. Due to her takingof kids away from their home where there normal life is to a completely unknown place I could see my elder boy in stress n having a huge psychological impact on a little child which was completely unnecessary n unexceptable. How could a good caring n sensible mother put her own children I to such trauma.
Does this points sound strong to give a reason why I want urgent un notice order for C100 to bring my kids back to their home
Customer: replied 7 months ago.
you need to fill in c4 if i am asking for urgent without notice
Expert:  Harris replied 7 months ago.

That sounds fine. You need to fill in both forms

Customer: replied 7 months ago.
How should I describe her. Should I write her as ex partner as we are living a separate life although in marriage or should I write her as wife.
Expert:  Harris replied 7 months ago.

If you have separated you should state ex-wife

Customer: replied 7 months ago.
Can you submit the c100 at the holborn court together with c4 although my local town is in croydon.
Expert:  Harris replied 7 months ago.

The C4 must be issued by the High Court

Customer: replied 7 months ago.
does both forms go to the high court together
Expert:  Harris replied 7 months ago.

You can submit both simultaneously and in any event you would not be able to serve without locating her

Customer: replied 7 months ago.
But i thought urgent without notice does not require her whereabouts to serve. Or is this wrong
Expert:  Harris replied 7 months ago.

You still require her address to serve her with any application and order

Customer: replied 7 months ago.
Who will locate her and my kids. Can they locate her straight away same day
Customer: replied 7 months ago.
Section 4b: do you require a without notice hearing because notice to a respondent will frustrate the order that is being applied.
What does the above mean?
Expert:  Harris replied 7 months ago.

The Tipstaff at the High Court will do checks to attempt to locate her if they cannot find her the people you list in the application will be directed to provide evidence or attend court.

4b - this means if you give her notice she will prevent you proceeding with the application

Customer: replied 7 months ago.
Do you need to make any copies of c100 or not if its urgent without notice
Expert:  Harris replied 7 months ago.

You need at least 3 copies including the original

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2546
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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