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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 1339
Experience:  LLB (Hons)
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My partner has just withheld his children as mum has been

Customer Question

My partner has just withheld his children as mum has been neglectful what does he need to do to keep them in his custody
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: Access was agreed in court last year, recently they have been staying with us as they have been on safe guard as youngest child had a serious accident, they went back to mum 4 days later her door was kicked through and their back with us again
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: We live in mountain Ash, south Wales uk
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: We live in a 1 bedroom house at the moment too
Submitted: 4 months ago.
Category: Law
Expert:  SASH_Law replied 4 months ago.

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

How old are the children? What does the current court order state? If you have a copy, please attach it using the paperclip.

Customer: replied 4 months ago.
They are 3 & 4 years old
Customer: replied 4 months ago.
It's crashing when I try to send paperclip, we have a letter saying their here weekly basis overnights off social services
Expert:  SASH_Law replied 4 months ago.

It would be helpful to see the court order.

Expert:  SASH_Law replied 4 months ago.

If you can't attach it, don't worry.

Expert:  SASH_Law replied 4 months ago.

Bear with me, I will type up a response based on what you have said.

Expert:  SASH_Law replied 4 months ago.

If there are safeguarding issues, then your partner is entitled to not return the children to the mother, however as there is already a court order in place, presumably stating that the children live with the mother, then he must apply without delay to the court for a variation of that order, or a prohibited steps order to prevent the mother removing the children from his care whilst the safeguarding issues are investigated.

To apply to the court, for a variation of the original child arrangements order, and or to apply for a prohibited steps order, he will need to complete form C100. There is a fee for the filing of the form which is £215, but for those on low incomes/benefits there is fee remission available, on form EX160.

Please accept and rate positively using the five stars at the top of your page. You can ask clarification questions if you have any.

Expert:  SASH_Law replied 4 months ago.

Hello, can I check you received my response and was it helpful?

Expert:  SASH_Law replied 4 months ago.

Do you have any further queries pertaining to this?

If not, I would appreciate you rating positively so that I am credited for the time spent assisting you. Thank you.