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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34896
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Can my ex husband take my children away from me? He says his

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Can my ex husband take my children away from me? He says his solicitor has told him that he can obtain an emergency order.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstHow old are the children and on what basis does he wish to remove them?
Customer: replied 2 years ago.
Hi Clare
My children are 8 years and 6 years.
He wants to remove them on the basis that they are being affected my arguments that have happened between my new husband and myself. This has been worked on and things are greatly improved here at home.
Has there been any domestic violence?Have the children been distressed by the arguments?
Customer: replied 2 years ago.
Yes, there have been a couple of incidents involving the police but my children were not in the house at the time. No arrests were made.
The children have heard arguments in the past but none recently.
We are having counselling and working things out.
They live with me and my husband, our baby daughter who is 8 months and they adore her. They also love their step brother and sister and family pets. I really am sure removing them is not in their best interests.
On what basis can he do this as social services have never visited me.
When was the last incident - and what time do the children spend with their father?
Customer: replied 2 years ago.
One incident was 2013 and the other was September this year.
They see their Dad once a week and every other weekend.
When in September?
Customer: replied 2 years ago.
When did your ex threaten to remove the children?
Customer: replied 2 years ago.
Today after speaking to his solicitor.
It is fair to say that if there is a further incident then yes your ex would have an excellent chance of succeeding with an Emergency Applictaion that the children reside with him until the court determines what is best for the childrenIt is however unlikely that an applictaion now would succeed if the last incident was in SeptemberPlease ask if you need further details
Customer: replied 2 years ago.
Thank you for your help, I really appreciate it.Could I ask one more question please?
You are welcome - I hope all goes well
Clare and other Family Law Specialists are ready to help you