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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33514
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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One of our sons has a UK court order ordering that his

Resolved Question:

Hi. One of our sons has a UK court order ordering that his three children shall live with him.
The order gives times when they can be with their mother. Recently the two youngest (11years and 14) have not come back from the mothers. She appears, even on benefits, to have sufficient time and income to spend a fortune on them, So what child would want to return to their working dad who manages a Mortgage house etc. single handedly. He is not in the financial position to enforce the order through a solicitor, But needs to show that he is aware of his responsibilities. He has no contact with the children even though he has tried ringing and texting on their mobiles. We are now into the second month.
We supported him to obtain the court order but being retired we can no longer continue to do so!
Where can we go from here?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. I am a qualified family law solicitor.
I am surprised to see that the police are not able to assist returning the children to the father given that there is a residence order in place.
Does the residence order have a warning notice attached to it? Should be at the end of the order. Please let me know so that I can advise further.
Customer: replied 1 year ago.
Hi. Yes there is it says: "Where a child arrangement order is in force and the arrangements regulated by it consist of, or include, arrangements which relate to either or both (a) with whom the children concerned shall live and (b) when the children shall live with any person, no person may cause the children to be known by a new surname" etc. " "However this does not prevent the removal of the children for a period of less than one month by a person named in the child arrangements order as a person with whom the children shall live (sections 13 (1), (2), and (4) Children Act 1989)""It may be a criminal offence " etcThanks
Expert:  Harris replied 1 year ago.
There should be a different one along the lines of "Warning notice
Where a child arrangements order is in force: if you do not comply with this contact order –
(a) you may be held in contempt of court and be committed to prison or fined: and/or
(b) the court may make an order requiring you to undertake unpaid work (“an enforcement order”) and/or an order that you pay financial compensation"
Is that present?
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you although I need some further information firstThe Police will not assist due to the age of the children - provided they are safe where they are (in the eyes of the police at least) then they will leave the matter to the Family Courts to deal withThe use of the words "Child Arrangement Order "suggests that the Order was made within the last two years - could you confirm that this is correct and whether or not a CAFCASS report was prepared for the hearing.Are the children attending school - and has your son checked what the position is there
Customer: replied 1 year ago.
Yes the order was made September 2014. A CAFCASS report was prepared. As far as I know the children are attending school now though when the youngest went to his mums he did miss a week or so. Not sure if my son has checked this. There is an older son aged 17 who is staying with his dad
Expert:  Clare replied 1 year ago.
Hi
Why did the children go to your son rather than their mother?
Have they changed schools?
Clare
Customer: replied 1 year ago.
She had mental health problems - attempted suicide several times the last time whilst the children were in the house.The younger son has now gone to senior school the same one his brother attends
Expert:  Clare replied 1 year ago.
Were Social Services involved?
Customer: replied 1 year ago.
Things have changed in the last 24 hours.
We do not wish to continue with this line,
Many Thanks for your input.
Regards.
Expert:  Clare replied 1 year ago.
That is fine.As a general guide however your son needs to act fast - the delay has already been too long.Given the Mental Health problems if Social Services are not already involved then they should be contacted to check on the children - and your son needs to make an immediate applictaion to the court for a Specific Issue order for the return of the children to his care
Clare, Solicitor
Category: Law
Satisfied Customers: 33514
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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