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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 2545
Experience:  LLB (Hons)
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Assistant: How can I help? i am separated of my wife for 8

Customer Question

Good afternoon!
Assistant: Hello. How can I help?
Customer: i am separated of my wife for 8 months. She take our son (4 years old) with her.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No, no yet
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: my question it is, what I can do in this situation.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: i know she not working, I don’t know where my son live, if he’s safe etc
Submitted: 6 months ago.
Category: Family Law
Expert:  SASH_Law replied 6 months ago.

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

Where has your wife gone? Is she still in the country? How long is it since you have seen your child?

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 6 months ago.
I believe she is still here.
But I don’t have any address and she blocked me everywhere phone, email, what’s up
Customer: replied 6 months ago.
I don’t know anything about my son for more than 3 weeks
Customer: replied 6 months ago.
Some friends told me she is somewhere around Doncaster but nothing sure
Customer: replied 6 months ago.
We are separated for 5 months and that is the time when she takes our son
Customer: replied 6 months ago.
Last time when I sow my son was 8 weeks ago
Customer: replied 6 months ago.
I have to call the police, social services ?
Expert:  SASH_Law replied 6 months ago.

In that case you will need to apply to court to get a child arrangements order to see your child. It's a civil matter so unless you think your child is in immediate danger, the police will not get involved.

To make an application to court you will first have to attend a MIAM (mediation information and assessment meeting) - see the form for more information about that. You can then complete a form C100, which the mediator will sign for you (a requirement before applying to court). Once the application is issued, the court will set a hearing date and ask CAFCASS to contact you and the mother to find out what the issues are - and do background checks with police and social services.

As you do not know where the children or their mother is, you will also need to complete form C4, which the court can use to order the DWP to give mother's address to you. If she is not working, she may well be claiming benefits. The form can also be used for the court to order anyone else who knows her whereabouts to give that information to the court - so if you have details of other people who may know her location, you need to provide those on the form.

The cost of the MIAM will vary according to which mediator you choose. The cost of the C100 and C4 to file is £215, unless you are on a low income or benefits, in which case you may be entitled to fee remission.

If you would like links to any of the forms I have referred to, let me know.

Does that answer your query?

Expert:  SASH_Law replied 6 months ago.

Can I check that you received my response and that it answered your question?

Expert:  SASH_Law replied 5 months ago.

.

Expert:  SASH_Law replied 5 months ago.

Hello, could I ask that you return to the site to rate my response positively as doing so ensures that I am paid for the time I spent assisting you. Thank you.