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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My children have been living with my father and his wife for

Resolved Question:

My children have been living with my father and his wife for the past eight years due to my recovery from drug addiction. I am now well and want to take them home. What are my rights?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are your children and what contact have you had with them over the years?
Clare
Customer: replied 3 years ago.

my children are aged 12yrs 5months, and 10years three months. the only contact i have had has been mainly phone calls. I was invited to stay in my fathers home several years ago to spend time with my children and did so for a short time, but unfortunately an argument flared between myself and his wife and daughter which left me no choice but to leave. This was especially upsetting for my two children. As much as i appreciate the support for my children over the years, i don't believe they are happy as they are being prevented from being able to contact me themselves.When the children first went to my father eight years ago, a court order was in place for a temporary residence order which lasted for twelve months. As far as i know, no other order has been placed.

Expert:  Clare replied 3 years ago.
Hi
Have you asked about starting a regular pattern of face to face contact?
Clare
Customer: replied 3 years ago.

Yes, but i not able to spend quality time alone with them. I do contact them by telephone but i get the impression that the conversation is being monitered and they are not able to speak freely.I would try a contact centre but my father lives about 170 miles away so face to face contact is difficult, and my father is not willing to bring them to see me, also i am unemployed so i cannot afford the journey on a regular basis.I just want to rebuild my life with my children, would i have the right to give notice to my father that i was going to bring them back home with me and if so what would be a reasonable period of time to give?


 

Expert:  Clare replied 3 years ago.
Hi
I am sorry but since the children have spent the last eight years with their grand parents you cannot simply remove them.
You need to start the long process of rebuilding your relationship with the children - which may well involve starting off at a Contact Centre and building up from there - first to include overnight contact in their area and then bringing them to your home for the weekend - and then eventually for half the school holidays - and THEN you can consider taking over their care completely if that is what they wish.
I am afraid that it is their wishes that will decide the issue.
You should try and discuss matters with your father and his wife using family mediation (www.familymediationhelpline.co.uk) so that you can arrange this
Please ask if you need further details
Clare
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