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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33008
Experience:  Over 25 years experience in law
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My wife is caring two children, 15 year old girl

Customer Question

Hi, my wife is caring for my two children, 15 year old girl and 11 year old son. She has a long term depression and has been admitted to hospital. I have not been notified even though I am the legal guardian. It appears that social workers have left them in the care of her eldest daughter, aged 23 and my wifes parents who are trying to hide the fact tyat she is in hospital.
I do not want to disturb my daughter from her last year from school and know she wouldn't wish it but I would like my son to come and live with me. He would return to his old school and live with me and my partner and her 2 children. I believe that my ex-wife is under a section 2, which I will conform this week. Please advice me of my legal position and what I have to do.
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
As you are the father and there are no safeguarding concerns you should have been contacted by the LA before they placed the children. To start I would contact them and ask why this did not happen and seek the children. Your secondary position is to make an application to the court for a child arrangement order for the children to be placed with you. There are some excellent books on how to represent yourself in the family court - which can help you through the process. But I would start by talking to the LA social worker for the children. Happy to discuss. Please rate positive.
Customer: replied 1 year ago.

Yes. I have tried contacting the mental health unit and awaiting a call. There is no way my daughter would come to live with me with her exams looming and would want to maintain the current arrangement. But should I apply for both anyway and allow my daughter to oppose the application?

Expert:  Thomas Judge replied 1 year ago.
I would speak to children services (rather than the mental health unit). There is certainly merit in making the application - there are some good books on the subject at amazon on how to represent yourself in the family court which should help. Please rate positive
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Customer: replied 1 year ago.
Can you tell me what form I need to fill in for a child arrangement order. Thanks
Customer: replied 1 year ago.
Am I within my rights to take my son and apply for the order afterwards. I am still trying to find out if my ex-wife is under section. Also. I am still technically married as the decree absolute has not been issued. Does this change things?
Expert:  Thomas Judge replied 1 year ago.
It is a form C100 - I would be nervous about just taking the child as this would escalate matters unless you have the agreement of social services. Nope.
Customer: replied 1 year ago.

Hi, I have now taken custody of my son having consulted with the school and the child services. His mother is, I believe, under section, being detained in a metal hospital due to severe depression and suicidal tendancies. I have arranged to attend the local school which he will start on Monday. My question is regarding the filling of the C100, do I state that there were child care concerns? Also, I need to apply for a decree Nisi and was going to apply for a clean break order. Am I still able to apply for these? Does she have any rights as a parent if she is being detained? What happens regarding signing documents if there is a signiture necessary?