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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8533
Experience:  Barrister at law
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I really need he'll with regards to my children their father

Customer Question

I really need he'll with regards ***** ***** children their father has taken them and threatened to report me to social services for emotional abuse even though he had them taken away from him from social services and the police
JA: What steps have you taken? Have you filed any papers in the family court?
Customer: Im ment to going to mediation as it won't allow to go to court.
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: Surrey
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He was investigated for abuse to the girls, I was advised by social services for him to have contact in a visitation centre and I was trying to do the right thing by allowing day visit contacts
Submitted: 10 days ago.
Category: Family Law
Expert:  plclegal replied 10 days ago.
Good morning, my name is***** am a family law specialist. I will review this for you and come back to you as soon as I can, please do bear in mind this is not live chat so my response will not be instant.
Expert:  plclegal replied 10 days ago.
Can you confirm - has he taken them now and is refusing to return them? Are they at risk of harm in his care and do social services support that view? And there are no court orders in place?
Customer: replied 10 days ago.
He has taken them now and is refusing. Social services were worried about his mental state and my eldest old nursery raised concerns regarding the emotional abuse to her. There is no court order in place.
Expert:  plclegal replied 10 days ago.

Thank you for confirming that.

If you are concerned that your children would be at risk of harm in the other parent's care and there is a risk that they will try and remove them from your care if contact is not agreed in the future, you could consider applying for a) a specific issue order for them to be returned to you and b) for a prohibited steps order to prevent your children being removed from your care without your agreement in the future. For this type of application

You would apply on a c100 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

You send 3 copies of this form to the local family court centre.

Alternatively, you can apply online:

https://apply-to-court-about-child-arrangements.service.justice.gov.uk/?utm_source=formfinder.

It would be an urgent application, so you would tick that exemption from the mediation requirement. You'll need to complete section 6 of the form as to why it is urgent, here you can reference the concerns social services have shared with you.

The application costs £232.00, and you can represent yourself so you don't need to engage a lawyer. You can also possibly get a fee exemption if you are on low income/have low savings.

For this you would need to fill out a fee exemption form: http://www.gov.uk/get-help-with-court-fees

I hope that this helps you today?

Customer: replied 10 days ago.
I have just had a message from his mum saying she is blocking me and I have have absolutely no contact with my children as to when I'll see them again or if they are OK. Is this allowed to happen. I'm generally concerned for my children's welfare.
Expert:  plclegal replied 10 days ago.

No this is not allowed to happen - this is why you need to make the application to court urgently as I have suggested above. Without a court order you are powerless to stop them doing this.

I trust that the information provided was of assistance.

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.

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