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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8325
Experience:  Barrister at law
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I am messaging on behalf of my father in law. His ex partner

Customer Question

Hi, I am messaging on behalf of my father in law. His ex partner was a drug addict and alcoholic, after months of social services involvement and the courts they determined that he should have full custody of the 3 children (my partners step sisters). The mother is now causing many issues with the eldest with buying her things and putting her against her dad. Last night she took all 3 of them without his consent. My question is what are his rights as he has full custody? Many thanks
JA: Where are you? It matters because laws vary by location.
Customer: Devon Uk
JA: What steps have you taken so far?
Customer: Nothing yet he has asked us to have her for a couple of days as her behaviour is becoming unmanageable. We have been heavily involved the past 3 years and if anything was to happen social services have already said we would be the first port of call
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i don’t think so. The mother is a nasty piece of work and I want to know my father in laws rights
Submitted: 16 days ago.
Category: Family Law
Expert:  plclegal replied 16 days ago.

Good afternoon.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and 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.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Expert:  plclegal replied 16 days ago.

In terms of his rights, it will depend on the type of order that he has from the court.

A child arrangements order sets out with whom a child lives - the is effectively 'custody'.

A prohibited steps order prevents another person (usually the other parent) from removing the children from the main carer's care without their permission - if he has this, then he may be able to seek the children return by contacting the police.

If there is a dispute and she has taken the children from his care, social services may also intervene if they are notified.

If no-one feels the need to remove the children from the mother's care urgently (for example if they are deemed to be 'safe' and 'well') then your father in law may have to apply to court himself to enforce the court order in place that states the children live with him.

So there are a few options depending on the legal framework in place.

Perhaps if you can find out a little more information about that, I can be more specific. For now though, I hope that this assists?

Expert:  plclegal replied 16 days ago.

I didn't hear from you but I hope that you found the information above helpful.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 15 days ago.
Sorry was a bit manic after i left work. Yes that did help thank you!
Expert:  plclegal replied 15 days ago.

Thank you for the feedback!