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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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On the 13th of August I was arrested for an allegation of

Customer Question

Hi on the 13th of August I was arrested for an allegation of assault, I was later released and refused charge. I have been in care of my children alone since the 10th of August as the mother had moved out after having an affair. I am the father and I have parental responsibility and I am the one whom is receiving child tax credit and Child benefit as the mother surrendered it when she left.
Yesterday I was then arrested as they had said they had new evidence to the assault on the 13th but there was none all they had was that my ex partner now wanted to press charges and she had been hospitalised for pneumonia of which they said I was responsible for. I have now been released on bail following an investigation but like ive said there was no new evidence and my solicitor at the time said that the arrest was unlawful and I should be released as I had been refused charge and I cannot be the cause of my ex catching pneumonia... I was released at 22:10 and my children were removed from the care of my mother whom I left them with whilst I was in custody by the police. I have spoken to child services and they were unaware I had left them in the care of my mother I was released an hour after the kids were taken which seems to been planned by the police over the last week.
There is NO reason why I cannot have the children.
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

Just to be clear, your concern is the children?

Not the criminal allegation?

Even though her stupid attention seeking reporting should be in the family courts anyway or better still on the Jeremy Kyle show.

Expert:  Clare replied 11 months ago.

MY name is ***** ***** my colleague has asked me to look at this for you

Where are the children now?

How old are they?

Customer: replied 11 months ago.
They are both really... We cannot see what new evidence they have so it is believed I was arrested unlawfully, and had I not been arrested they would not have been able to take my children.I now need to know what I should do in order to get them back, I have not said that their mother cannot see the children but whilst she is making allegations the contact should be minimal and away from me.
Customer: replied 11 months ago.
My children are 1 and 2 years of age.
Customer: replied 11 months ago.
What should I do?
Expert:  Clare replied 11 months ago.

Where are they at the moment?

Customer: replied 11 months ago.
They are with their mother but I have no idea where.
Customer: replied 11 months ago.
The children were taking out of their beds at 10pm at night whilst they were fast asleep and 10 minuets later I was released from custody.
Expert:  Clare replied 11 months ago.

Are you aware that the site charges more for a phone call?

Customer: replied 11 months ago.
thats fine
Expert:  Clare replied 11 months ago.

I will call if you wish but first I can tell you your position.

You can ask the Police to do a safe and Well check to make sure that the chidlren are ok.

On Tuesday morning you can issue an urgent applictaion for a Child Arrangement Order stating that the chidlren should be returned to your care whilst the long term arrangements are considered

This is done using a Form C100 and paying the fee of £215.

At the same time you will need to ask for an Order that the Police/Social Services? DWP release the address TO THE COURT for service of the paperwork.

Do not say that the ocntact should be minimal because of her allegations against you - in fact that has nothing to do with the time eithr of you spends with the chidlren - it just means that other family members need to deal with the handovers.

I am happy to discuss this further on the phone if you still wish!

Expert:  Clare replied 11 months ago.

.

Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 3 other Law Specialists are ready to help you
Customer: replied 11 months ago.
please if you could phone me on***********
Customer: replied 11 months ago.
When I ask for a safe and well check do they have to give me some sort of report?
Expert:  Clare replied 11 months ago.

Sadly just that they are "safe and well"

Customer: replied 11 months ago.
On the c100 it askes about proposed timetable in hours/days what should I put?
Customer: replied 11 months ago.
Also do I require a notice hearing?
Expert:  Clare replied 11 months ago.

Yes it will need to be on Notice and go for 3 days