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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7632
Experience:  Barrister at law
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I'm after advice in regards to child law after splitting up,

Customer Question

Hi, I'm after advice in regards ***** ***** law after splitting up
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, my ex partner has taken my children to Scotland to be with her parents without consulting me
JA: 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: South Yorkshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Thats all
Submitted: 9 days ago.
Category: Family Law
Expert:  plclegal replied 9 days ago.

Hello, my name is***** for your patience.

I’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

Please be patient with me as I am generally assisting multiple customers at once and this is an email service, but I will review your question and respond to you as soon as I can, as your question is very important to me. I hope that I can help you resolve your issue today. Please do not wait on line for a response, you will receive an email notification from JustAnswer to tell you that I have sent a reply.

Expert:  plclegal replied 9 days ago.

How old are your children? Is there a court order in place for your contact at all?

How much time did you spend with them prior to your ex going to Scotland?

Is she saying that this is a permanent move?

Customer: replied 9 days ago.
My children are 4 and 6, the youngest is biologically mine and I am on the birth certificate.We lived in Scotland when the youngest was born, but then moved away to have our own independence and come back to Sheffield in May 2017.They both went to school here in Sheffield and we split up September 2020. She got her own place rented in Sheffield. Once she moved out we split time with them equally. I had them Saturday morning - Monday evening, then I picked them up from school and we had tea at my house (our former family home) on a Wednesday or Thursday depending on my work schedule as I'm self employed.I dropped them off Sunday morning because her parents were travelling down from Scotland to come see them. I got a call yesterday from her telling me she's moved back up to Scotland and will not be coming back down so its permanent. It was done entirely without my consent or knowledge. Shes moved all the schools and doctors up there and everything. They had a good stable future here and was surrounded by my family and their cousins
Expert:  plclegal replied 9 days ago.

I see. Obviously this is a decision that cannot be taken without your consent.

It’s clearly been planned, and the official channels have not been followed.

You should consider applying to family court for an emergency order for them to be returned to your care, and not be removed from England without your permission.

If you don’t know exactly where they are, then you can also apply for something called a search and recovery order.

The emergency application is for a specific issue (return) and prohibited steps (not to be removed from England) order - on the form C100. You can download the form here:

https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

The other applications require a C3 and C18 form - all can be submitted at the same time.

These forms are here:

C3: https://www.gov.uk/government/publications/form-c3-application-for-an-order-authorising-search-for-taking-charge-of-and-delivery-of-a-child

C18: https://www.gov.uk/government/publications/apply-for-a-recovery-order-under-the-children-act-1989-form-c18

I hope that this helps.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court!

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For PLCLEGAL only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Take care and stay safe.

Customer: replied 9 days ago.
Thank you very much for getting back to me. If I file the return order does that mean she legally has to come back to England or at least the children do until we have reached an agreement through court?I don't want to lose the children by going through with this would this be something that could happen?We had a safeguarding issue with social services last year which was resolved and case closed as it was clearly an accident and no actual safeguarding issue was present. Would this bare any impact on this current situation? I feel they will bring this up and try make me out to be a monster by putting things out of context and using this as a foundation
Expert:  plclegal replied 9 days ago.

Yes, exactly, if the court grants a return order then they have to be brought back to England.

You have equal rights to decide where they live and by moving to Scotland without your permission your ability to maintain an active part of the their life has been restricted, to their detriment. By making an application to court it should mean that you lose the children, in fact the opposite.

If social services closed the case and there is no issue then if they bring it up you will be able to show that this is malicious, the social services records will support you in this regard.

I note you have asked for a call - I cannot personally take a call right now but it is open to my colleagues and one will no doubt pick this up for you shortly.

Customer: replied 9 days ago.
Thank you again for your advice.If I put this application through and its granted they return to England, does this apply to both children or just the one thats biologically mine?Also does this mean the mother must come back down too or just the children? And how long does this court order last for? Is it indefinitely or until an agreement has been met?We had a formal investigation with social services which lasted 6 months as they were concerned for the safety of the children and I was removed from the family home till it was sorted. but once they got all the information the case was closed and I got a caution from the police for assault. The police agreed it was a bit of an over reaction but they had to legally do it because of his age. Does this still stand as the same principal with it being classed as malicious if they bring it up.Also where do I stand if they bring things up which are taken out of context. The mothers family are very ruthless and will probably try any tactic possible to stop me from bringing them back down. I don't want another can of worms to be opened based on lies. Would all the things they say be discredited as being malicious?I am not out to ruin their lives I want them all to see the children still, i will only focus on the facts. My children have a better life in Sheffield with or without me. They've been moved to rural Scotland with no regard for the boys best interests only their own. They had a good education in Sheffield and made lots of friends and frequently visited their cousins and members of my family and an array of activities to do even with the current coronavirus restrictions.
Customer: replied 9 days ago.
The sole reason she moved back up there was because she was on her own and is close with her family. We moved from there to have a better life as a family but since we broke up her parents have manipulated her into going back up to Scotland to be with them because they miss their grand kids and are getting old. But entirely as the expense of my relationship with my own children
Customer: replied 9 days ago.
I know there is a lot more to it but I need to know from a legal standpoint if i'm safe to proceed because I dont want us both to lose the children I just want an opportunity to see them grow up and know their father
Customer: replied 9 days ago.
Its also worth noting that I know where they are and the address. It's just 300 miles away from me in Sheffield. Nearly an*****one way
Expert:  plclegal replied 9 days ago.

Ultimately if you had a close relationship with both children I cannot see why it should not be both.

The children would be ordered to be returned to the area, whether your ex moves back or not is up tot her, of course.

If you don't proceed then the children will have moved to Scotland, without your permission, and there is nothing you can enforce to bring them back.

Your only route to redress is through the courts, and you have to proceed knowing that your ex may well bring up a lot of untruths, but that ultimately the court should test the evidence and rule in your favour if there is no truth to the allegations.

I hope that this clarifies.

Expert:  plclegal replied 8 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter