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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34509
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 registered our children as her current partner as

Customer Question

HIMy wife registered our children as her current partner as their father,both knew that i was the real father and did this knowing full well as my wife met her current partner while pregnant with our second child,the children are now 4 and 3 .She refused to allow me to see or contact our children .I applied with a C100 form and DNA test order and on 2.11.2017 after DNA tests i was found and declared the father of both the children.I have 2 questions .1.Has my wife and her partner committed crimes since they always knew i was the real father?2.She still refuses to allow me to see our children.What should i apply for to court so i can contact my children and i also wish to apply for full custody ?
Submitted: 16 days ago.
Category: Family Law
Expert:  Clare replied 16 days ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

Good news about the DNA test

1. Technically there was a false declaration BUT all she has to say is that she believed he was and the opposite cannot be proved so there will be no prosecution

2. You apply for a Child Arrangement Order on a C100. Be realistic - you do not know these young children - so expecting to have them in your full time care immediately is not realistic.

Start with a regular pattern of contact leading up to overnight ocntact and work from there

Customer: replied 16 days ago.
I appreciate your advice way forward with the children .However there are statements from both my wife and her current partner to court that they knew i was the father upon declaration .
Customer: replied 16 days ago.
Furthermore my wife and her current partner gave the children away to another couple and are not in care of them for personal reasons of their own.
The other couple knew i was the real father but was involved in the false declaration in order to gain care of my children.I want to press criminal charges and get my children back.
Does this make difference?
Expert:  Clare replied 16 days ago.

I am afraid that it is not your choice whether or not to press criminal charges - that is a matter for the Police and the Crown Prosecution Service.

You can certainly report the details to the police but from there on it is up to them

In any event it does not change the position with regard to the chidlren I am afraid