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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 1025
Experience:  LLB (Hons)
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My partner of 8 years has dumped me. We lived together in a

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Hi, my partner of 8 years has dumped me. We lived together in a rented house with 2 children he left last week and stayed in a hotel however after not turning up this morning and then trying to take the girls out drunk (I refused and took them to a friends) he has now said he is moving back in. I feel the tension will be bad for the girls in the house and have asked him to stay away until I have sought legal advice, he has refused. I am at a friends but have girls with me where they are happy. Until I have legal advice should the girls be able to stay with there mother?

Hi, I'm Lea and I have reviewed your query.

 

Are the children currently with you? Is father threatening to take them?

 

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 5 days ago.
Yes they are currently with me. He hasn’t threatened to take them but I think he will

In that case you need to apply to the court for an urgent prohibited steps order to prevent him removing the children from your care (on the basis that he has tried to take them out when he is drunk and is therefore irresponsible), and a child arrangements order for the children to live with you in the interim whilst the child arrangements are resolved more fully.

 

You can do both applications on the same form, a C100. As it is an urgent application you can apply for it without going to a mediation meeting first (see the form for more details). The form costs £215 to file unless you are on a low income or benefits in which case you may be entitled to fee remission (see form EX160 below).

 

You might also want to consider an application for an occupation order so that you and the children can return to the family home without him being there. See form FL401 also linked to below.

 

C100: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734888/C100_eng_0818.pdf

EX160: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/634329/ex160-eng.pdf

FL401: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688175/fl401-eng.pdf

 

Does that help?

Can I check that you received my response and that it was helpful?

Customer: replied 5 days ago.
Yes Thankyou

You're welcome.

 

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Thank you.

 

All the best.