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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1437
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I split from my partner in September this year, I was

Customer Question

I split from my partner in September this year, I was arrested twice in one week as he falsely aledged I had hit him. My three older children were witnesses that he had hit me. I was told to leave the family home by social services, during the next five weeks I wasn't allowed contact with any of them. In October I received a call from social services to tell me to collect my three children as my ex partner was leaving the area with my two younger children, one aged 3 and the other one aged 5 months. Since that time my ex partner has refused me to see the younger children. Where do I go from here? Thankyou
Submitted: 4 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 4 months ago.

He

Expert:  ukfamilysolicitor replied 4 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Expert:  ukfamilysolicitor replied 4 months ago.

I am very sorry to hear about what has happened.

Please may I ask:

- are social services still involved? What is the current level of involvement?

- is the police investigation still ongoing?

- How old are your older 3 children that you are caring for?

- how far away has the father moved?

Kind regards

Caroline

Customer: replied 4 months ago.
Social services are still involved as the children are on a child protection plan, the second conference is being held next Thursday to determine if this will remain the case. The outcome of the police investigation was no further action on all charges. My three sons are aged 16, 11 and 8, my ex partner is not their biological father. During the six week period I didn't attend my previous home in Fareham, my ex partner did not pay the rent so consequently the tenancy for that house has been terminated, I was unaware of any of this. My ex partner then moved himself and my two younger children to Bournemouth and I have had to move in with my mum and 3 children in Chichester until I have been able to secure another property here in Chichester, which I have done and hopefully will be able to move in next week. The only offer of help the council could give me was a refuge as I had scored quite highly on the dash assessment.
Thank you, jaimee
Expert:  ukfamilysolicitor replied 4 months ago.

Dear Jaimee

Thank you for your response.

- has your case been heard by Marac?

- how far is it to travel from where you are now to the children?

Kind regards

Caroline

Ps - I need to nip out but I will answer you in full upon my return

Customer: replied 4 months ago.
No my case has not been reffered as since September there has been no contact with my ex partner. The distance between myself and two young children is 65 miles. I was not notified that he was leaving our previous home with the two children.
Expert:  ukfamilysolicitor replied 4 months ago.

Hello Jamiee

Thank you for your response.

Please do accept my apologies for my delay in responding to you today.

I am so sorry to hear what you have been going through it sounds like you have been having a terrible time. You dod have options.

What you need to know is that even though social services can try and promote the relation between you and your youngest children, they cannot make the father allow them the spend time with you.

It appears as though the concerns you have about the father havent really been considered by social services, or the the extent that they are not concerned not to allow the youngest two children live with him.

On the otherside of the coin, it is very positive that social services are allowing your older children to live with you. I say this because it can work both ways - that being social services cannot say that you are safe to care for some of your children but not all.

If the father is still not willing to make any progress at the next meeting then you need to consider making an application to court for a Child Arrangements Order so that the court can decide with whom the children should have. The court can also investgate the concerns that you have about the fathers behaviour and if the children are safe with him.

First thing you need to do is to refer to mediation. You need to do this before you can apply to court unless the matter is urgent. There are lots of mediation services. Google family mediation in your area and give them a call to self refer.

Mediation will try and help you reach agreement without the need for court. If agreement cannot be reached at mediation or the father wont engage then the mediator will sign the form that you need to apply to court.

The court form is the C100 Form.

There is a court fee of £215 payable when you send your application to court although you may well qualify for a waiver or reduction of this form given then you have children and dependant upon your means.

The court will fully investigate the concerns that you have. The courts will want to promote a relationship between you and the children and also the siblings. If the court shares your concerns about the father then it can order that the youngest children live with you.

You can try and get legal aid but the first thing you need to do is get domestic violence evidence as this is required. As your case has not been referred to MARAC then go to your GP with this letter. Ask your GP to refer you to a domestic violence service.

https://www.gov.uk/government/publications/referrals-to-specialist-domestic-violence-support-services-health-professionals

Once the letter has been completed take it to your local family solicitor so they can undertake a free legal aid assessment for you.

If you qualify on means (your income and capital) then the solicitor will be able to write to the father, refer to mediation and also make your application and represent you at court.

Please do let me know if I can help you further

kindest regards

Caroline

Please kindly remember to rate positively by using the stars. Your question will remain open when you leave positive feedback and I will be able to answer your follow up questions for free for you

Expert:  ukfamilysolicitor replied 4 months ago.

Hello

I hope that you are well.

I note that this question remains unrated. Your feedback is important to me. Please do kindly rate my answer by clicking on the stars.

If I can help any further please do not hesitate to ask. Your question will remain open and I can answer your follow up questons for free for you.

kindest regards

Caroline