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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34886
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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I need some advice about the possibility of the

Customer Question

Hello. I need some advice about the possibility of the father of my middle two children not returning them after a visit. It hasn't happened yet. Many Thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you Can you explain a little more about the problem please?
Customer: replied 2 years ago.
Thank you. My second husband who is father to my middle two children on and off send emails moaning about my mothering skills. We initially split up after he threw me down the stairs. Our children are 10 and 7. They live with me full time with two other siblings (not the same father) They see their father 3 weekends of four sometimes a bit less. I have asked him recently by text to not come to my home or call me as he shouted and swore at me a few days ago. I did make out clear he could meet me in a public place to pick up our children. He is alledging that I am not caring adequately for my children. It is unfounded but because I know him I am concerned be May try controlling me in this way.
Customer: replied 2 years ago.
Do you need any more information? Many Thanks
Expert:  Clare replied 2 years ago.
Are there any court orders currently in place - does your ex live close by?
Customer: replied 2 years ago.
There are no court orders in place and he lives in north London I live in Kent. He is on both their birth certificates.
Expert:  Clare replied 2 years ago.
Has he ever threatened to remove them from your care?
Customer: replied 2 years ago.
Not as such
Expert:  Clare replied 2 years ago.
You both have Parental Responsibility for the children and the right to have them in your careYou have two options at this point.The first is to wait and see if he does refuse to return the children one day.If he does then you can issue an immediate applictaion for a Specific Issue Order for the return of the Children to your care whilst the court considers the long term arrangements for the children; a Child Arrangement Order stating that the chidlren live with you and a Prohibited Steps Order stating that he cannot remove them from your care.This is done using the same form - a C100 and there would only be one fee payable.You would have a strong case because of the fact that he had removed them form your care without your agreement.Alternatively if you wish to be more proactive (understandably) then you need to arrange to discuss matters with your ex using Family mediation to try and agree the future arrangements for handovers and his confirmation that he will not remove the children from your careIf that fails then you can apply to the court for a Child Arrangement Order and a Prohibited Steps OrderI hope that this is of assistance - please ask if you need further detailsClare