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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34264
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Ho do I get custody of my children from a un fit mother

Resolved Question:

Ho do I get custody of my children from a un fit mother
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Have you reported her to social services?
Customer: replied 1 year ago.
Yes but I had no prof and they told me to go legal as I don't think they believed me
Expert:  Clare replied 1 year ago.
How old are the children and what has their mother been doing?
Customer: replied 1 year ago.
drink and Canabis and my daughter told me she throw her and smacked her and a three year old dose not say things like that . I don't believe there safe and need help to get them away from her
Expert:  Clare replied 1 year ago.
How old are the children and how often do you see them?
Customer: replied 1 year ago.
Daughter is 3 and son is just over 1. It used to be every weekend but now it's when she will let me as she uses them against me so not seen them for two weeks now and she said she might let me see them next weekend unless there busy
Expert:  Clare replied 1 year ago.
Are you named on the birth certificates?
Customer: replied 1 year ago.
Yes I am named on both of them as farther
Expert:  Thomas Judge replied 1 year ago.
Ok you would need to apply to the court for a child arrangement order so that you can ask the court for the children to live with you. YOu do I am afraid have to go through mediation first (MIAM) and then if that does not work you can make an application to the court for the child arrangement order. A ‘child arrangements order’ decides:where your child liveswhen your child spends time with each parentwhen and what other types of contact, like phone calls, take placeFollow these steps to apply for a court order.Read the guidance - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdfFill in the C100Send it to your nearest courtIt costs £215 to apply for a court order. There are some really good books on the topic which you can buy on amazon on how to represent yourself in the family court - if you can not afford a lawyer. I hope that this helps. Please rate positive.
Expert:  Clare replied 1 year ago.
Hi
My apologies I have been in Court most of the day which has delayed my response
The law says that children have the right to ocntact with both parents and the courts will enforce this if necessary
Clearly you are well able to care for you children and your ex is aware of this.
I do understand your worries about her care of the children, but since Social Services have not supported you you need to tread carefully.
Your starting point is to establish a regular pattern of contact - preferably Friday to Monday on alternate weekends plus one night each week and half of all (eventual) school holidays.
Once the contact has been reestablished then you will be able to keep a closer eye on the children and once they are in nursery then that will mean that you can discuss any concerns you have with the nursery as well.
Clearly if there are further disclosures you need to report them BUT you do need to be careful as too many reports to Social Services can be seen as being abusive in itself.
Your starting point is to find a local Mediation service
www.familymediationhelpline.co.uk
and if that fails then an applictaion to the court will have to be made.
On the plus side this woudl mean that CAFCASS will do a brief Safeguarding report so that you can make them aware of your concerns as well
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34264
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Do I need to collect evidence and photo prof or will it not work and thank you
Expert:  Clare replied 1 year ago.
Again you need to be careful b=not to be seen to be coaching the child - but a careful diary should be kept
Customer: replied 1 year ago.
Ok so if I see bruises again take pics and video with out child knowing but not influence them in any way and diary of everything
Expert:  Clare replied 1 year ago.
Hi
Yes that is exactly right - video - (with audio on) without alerting the child at all.
Read this leaflet
https://www.nspcc.org.uk/globalassets/documents/advice-and-info/core-info-bruises-children.pdf
so that you have an idea about which bruising would be relevant
Clare
Customer: replied 1 year ago.
I did I clicked on great ,service
Expert:  Clare replied 1 year ago.
You did indeed and thank you