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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1382
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My daughter as full custody of her two children ages 11 & 13,they

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my daughter as full custody of her two children ages 11 & 13,they went to stay with their father for the school holidays. now he says they are not coming back, and that they want to stay with him from now on. ( my daughter as only managed to speak once to the children), but they have set up a private email to her (which their daddy doesn't know about), It would seem Daddy has told them he would be very unhappy if they leave him and go back to their mother, he says they have lived with her long enough.He as also offered them home education. and the promised of joining lots of clubs etc,Both children seem to want to stay with him ( but we are not sure just what he as said to them)and as they have said -they don't want him to be upset if they leave. He and my daughter were not married, and he has never paid any maintenance, she has always had to work part time to provided for them, She has just paid £200 for the solicitors to send him a 7 day letter saying he must return the children, but he seem to have ignored that, unless he is away.(which he may be) if the children really want to stay with him, my daughter would not want to upset them by forcing them to come back, but would like access -say every four weeks for a week. but so far he just says they can't see her, because she would pursued then to stay with her, We just don't know what to do !
Welcome to Just Answer
Thank you for your question.
I am sorry to hear about the difficulties that your daughter is experiencing with her ex.
I note that the area where the parties and children are based is the Isle of Anglesey - it is my understanding that this is a Welsh Island and therefore my advice will be based on the Jurisdiction of England and Wales.
I note that your daughter has a Residence Order for her children but the father has refused to return the children following holiday contact. Your daughter is also being denied all contact with her child bar the emails that she has received from the children without the knowledge of their father. I also note that her ex is not proposing to send the children back to school any more but to home school the children.
I note that your daughter has previously been a victim of domestic violence and she is also now concerned that the children could be being emotionally blackmailed by their father to stay with him.
Whilst courts do take into consideration the wishes and feelings of children a court would want to establish if this was the children's true position. Children will often not want to leave their school and friends and your daughter should not be denied to spend time with her children. Quite simply your daughter cannot gauge the true position if she cann
Sorry hand slipped will continue
... If she cannot speak to them.
I would suggest that your daughter firstly contacts the police to undertake a welfare check. Your daughter could tell the police that she has a residence order and see if they will assist on returning - if the police say that this is a civil matter then she should ask for a welfare check.
Your daughter should also make an urgent application to the court on Form C100 to local court seeking 1) return of the children and 2) specific issue in relation to the children's schooling
Technically all children act application should go to mediation first but if the matter us urgent this does not apply
Your daughter should detail events and her concerns - I am sure the court will be concerned that the children are being denied a relationship with your daughter, from attending school with their friends and possible emotional harm from their father
Your daughter should act quickly
The court will then get to the bottom of this
Kind Regards
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