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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35563
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 am separated from the father of my children we had a

Customer Question

I am separated from the father of my children we had a private agreement in place and he was due to have the children this weekend but I had come to learn of something horrible happening involving his brother and I was concerned for the safety of the children going to stay at his I did allow for him to pick them up Saturday to take out for the day and he said he would bring them home he then text me saying he was keeping them what can I do
Submitted: 2 months ago.
Category: Family Law
Expert:  Clare replied 2 months ago.

My name is ***** ***** I shall do my best to help you.

Has he said when he will actually bring them back?

Why do you believe they might be at risk?

Customer: replied 2 months ago.
He said he is keeping them for the foreseeable future
The risk factor is hi brother was arrested for some sexual thing with a minor and has been told to stay away from children I know from past experience that my ex and his sister that he lives with would not make him stay away whilst my children are ther
Expert:  Clare replied 2 months ago.

How old are the children?

Customer: replied 2 months ago.
The other thing that worry’s me is the estate they live on is the type of place where people with the reputation of interfering with children are likely to be attacked
Expert:  Clare replied 2 months ago.

How old are the children?

Customer: replied 2 months ago.
My son max is 3 with a rare chromosome disorder so is more like a 1 year old with extra needs and my daughter is 10
Expert:  Clare replied 2 months ago.

Ok

There is nothing that you can do tonight.

Tomorrow you should speak to Social Services - and alert them to the fact that the children may be coming in contact with the brother.

At the same time you can apply to the court for a specific issue order stating that the children are returned to you immediately

This is done using a Form C100 and a form C2 - because you are asking for an emergency order

You can find the forms here

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/687735/c100-eng.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/687764/c2-eng.pdf

I hope that this is of assistance - please ask if you need further dteails

Customer: replied 2 months ago.
How long does the process take and is it best to have a solicitor do it
Expert:  Clare replied 2 months ago.

It is easier - but not essential.

The Order can be made immediately if need be