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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife up and left with our 3 children (boy aged 9 and twin

Customer Question

My wife up and left with our 3 children (boy aged 9 and twin girls 7) and moved (from Gloucester to London ) to live with her boyfriend. I have tried to contact her via her mobile phone (3), E-mail, Voice mail, Facebook, and Twitter but no answer. I should point out that she is a Ghanaian and was here on a family Visa (that carried the following restrictions - live at my house and denied UK Government funds. The children carry UK passports. I know that she has placed the children in school - obtained this info from the childrens previous school in Gloucester but they will not release this documentation (which would bare her address) to me What action is available to me? Stuart XXXXXX XXXXXX

Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello Stuart
Welcome to Just Answer
I am a Solicitor and will try and assist you.
Please may I ask:
- when did your wife leave with your children?
- has your wife made any allegations against you? Why she left?
- have you previously enjoyed a good relationship with your children?
- do you have any child protection concerns in respect in relation to the mother?
- do you consider that the mother may seek to take your children to live abroad?
- do your children have passports? If so - where are the passports?
Kind Regards
Caroline
Expert:  Clare replied 2 years ago.
Hi Assuming that the children are also your children you can contact the Police and ask them to do a "safe and well"check.They will trace the children and make sure that they are indeed "safe and Well" and will report that to youYou can make an urgent applictaion tomorrow to the courts for a Prohibited Steps order to prevent her from removing the children from the UK; a specific issue order to have them returned to their old schools; and a Child arrangement Order to establish contactYou will also need to ask the court to Order the Police or the DWP to release the address to the courts for service of the paperworkPlease ask if you need further detailsClare
Customer: replied 2 years ago.

Clare

My wife called the police on Sunday 23rd July accusing me of assault as I had (after two hours of being shouted at by my wife) placed both my hands either side of her face in an effort to calm her down I should explain that I am wheelchair bound as a result of having my right leg amputated above the knee and having my wife tower over me was quite frightining.I was arrested and taken to the police station and detained I was released with no charges after which I gave a statement to the police and it was suggested that I should not return home in case my wife called the police again accusing me of assault.I stayed away till the following Saturday only to find she and the children had gone after having remove so many items from the house

I telephoned my wife on the Sunday of the assault and she was so angry that the police had released me without charges and no further action would be taken.

My wife is in breach of the Family Visa conditions as I previously stated

I enjoyed a good relationship with my children and yes if she is deported for breach of family visa conditions she will take the children

meanwhile she will have ample time to - as she had before she arrived with them on the 26th December 2014

My Wife and children are in London and I am in Gloucester

The Children have UK passports

Regards

Expert:  Clare replied 2 years ago.
Hi
What steps have you taken since August to try and see the children?
Clare
Customer: replied 2 years ago.

I have Telephoned but get no answer

I have Sent texts But no answer

I have sent e-mails but no answer

Expert:  Clare replied 2 years ago.
Hi
Given the length of time since they moved there is no chance of your obtaining an Order that the children are returned to their old schools
Otherwise your way forward is set out above
Clare