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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I got a restrain order and can't see or be with my children... My

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Hi I got a restrain order and can't see or be with my children...
My wife and I are separated as she introduce a divorce petition because I gave a slap to our older child while trying to get his attention and focus when studying. I accidentally hurt my son as he was bleeding from the nose... I took care of my son after this incident and my wife was out the house dealing with the laundry....She reported the incident the next day... I got interviewed at the police station where I explained what happened, got cautioned.... Few days later she told me that she has introduced the divorce... I was stoned... She moved to a refuge house with the children... I begged her to come back home with the kids...
Then to my surprise as we were still in touch she told in one of her visit with the kids that it was a plan of hers to get benefits as a single mother and that the family will be reunited thereafter...
In the mean time we were still seeing each other and she got pregnant of her third child... She got her benefits and house as she planed...
She then started to have an affair while pregnant... I found it out I caught her with her lover... I asked him to leave the house as I don't want my kids to know him and be disturb by his presence...
Now she accused me of beating her and her lover even though the only thing I did was to separate them as I found it disrespectful them cuddling up when I was asking him to leave...
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
She tried to resist when I was separating them lost her balance and fall... she wasn't my focus my focus was him to leave the house...
She is a liar and a manipulative individual and she is getting away with her lies and I want this to stop...
I can't be punished for not being able to live or see my children when somebody is fouling everyone here and taking advantage of the system by cleverly exploiting them...
I want to be able to see my kids.
Also my children living with her , I don't think she will give them the good start in life... referring to everything I said about her about... and I can prove it I just need someone to listen to me... and so far no one is listening to me..
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstHow far has the divorce reached and do you mean that you have been served with a non molestation order?
Customer: replied 1 year ago.
The divorce been introducde since April 2014 and I haven't signed for it as for me there was not a reason to divorce and also I was always hoping for the family reunion...
So yes that is the situation as it stands till now
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Expert:  Clare replied 1 year ago.
So there was a Criminal Court case and you were convicted of assault - is that the case?What do you now wish to achieve?
Customer: replied 1 year ago.
I want to be able to be reunited with my children....
She used the incident with my son to her advantage on her quest to get benefits...
Customer: replied 1 year ago.
I know for fact that I can't trust her anymore.... Because I did and that lead me to where I am now...
I want to have a relationship with my children...
Expert:  Clare replied 1 year ago.
How old are the children and when did you last see them?
Customer: replied 1 year ago.
And this I don't want her to take it away from me...
She is from Poland and now I am scared that she might on day take the kids away to Poland and never come back in uk...
And that's all these I want to prevent...
Expert:  Clare replied 1 year ago.
How old are the children and when did you last see them?
Customer: replied 1 year ago.
The children are 6yrs, 2yrs and 5 mths old.
Customer: replied 1 year ago.
I last seen them on the 8 September 15
Expert:  Clare replied 1 year ago.
What Contact were you having prior to that?
Customer: replied 1 year ago.
That is what was in place ...
I wasn't present when this agreement was made that is why you won't see my signature anywhere on it.
But I have to mention that we never went by this agreement ,I was almost with them everyday ....
I was even there at our third child birth around 1am in her house ... as I spent all week at hers ....
Customer: replied 1 year ago.
I am not a danger for my children and never will be... nor to anybody .
Someone used a bad incident between father and son and naïve as I was I let them do anything as they wanted...
Now I am paying for being naïve .
Expert:  Clare replied 1 year ago.
I appreciate your position, have Social Services been in contact with you again?
Customer: replied 1 year ago.
Not at all...
Customer: replied 1 year ago.
I want to fight my case till the end and being with my children like before... And I am scared that she might run away with the kids as the truth unfold
Customer: replied 1 year ago.
Also I have got some belongings at hers . How do I get them as I can 't make any sort of contacting her.
Expert:  Clare replied 1 year ago.
You will need to instruct a solicitor to write to her about your seeing the ChildrenThey can also arrange the return of her itemsYou should suggest that a local Contact Centre is used as a handover point so that you do not have to meet your wife.She cannot take the children to Poland without your agreement or an order from the CourtI hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.
Does it mean anytime from now on she is to leave the country with the kids I should be informed and agree on it ... And what if she goes and never come back ... What are the means I have to get my kids back to the uk...
Like I said before I lost any trust in her ....
Expert:  Clare replied 1 year ago.
Yes you shoudl always be informed if she is taking the children abroad - and if she doe snot return to the Uk you can take actionto force the return of the children to the UK
Customer: replied 1 year ago.
Ok thank you ...,
Now will it cost me a lot to instruct a solicitor on my case.
Expert:  Clare replied 1 year ago.
That depends on the Solicitor that you use.Get quotes first - budget for something between £1000 and £2000 to start with
Customer: replied 1 year ago.
And what if I don't have that much... Is there any other way I can get this sorted
Customer: replied 1 year ago.
Thank you for your help I appreciate that... Thank you
Expert:  Clare replied 1 year ago.
Sadly you do need to use a solicitor to contact her - but once he has started things you can deal with it yourself so long as you use an intermediary as a contact point
Customer: replied 1 year ago.
Thank you
Expert:  Clare replied 1 year ago.
You are welcome
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