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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 9998
Experience:  Senior Associate Solicitor
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My daughters ex partner has just picked their kids up from

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My daughters ex partner has just picked their kids up from my house I have had a txt saying he not bringing them back they are now going to live with him what can we do legally
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No since the split it has been very difficult for them to communicate
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: Durham
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: The kids dad had the police call at my daughters house last weekend he is saying kids are not safe which is not true

Hello, my name is ***** ***** I am a qualified lawyer happy to help you this evening.

Sorry to hear of the situation. Your Daughter now needs to contact her ex and try to open the lines of communication. If he refuses then your daughter will have to apply for a child arrangements order and if she is successful then she will ask the court to order he pays the cost. The court is likely to grant contact and it should also deal with custody arrangements (your daughter can ask for sole custody).

If he continues the way he is then your daughter will need to contact a mediator as the court will want to know whether she has attended mediation first before involving the court - the mediator will contact her ex and if he refuses to attend then your daughter is free to make the application to the court. This is called “MIAM”, or a mediation assessment.

To find a mediator in your daughter's local area, use this site :

http://www.familymediationcouncil.org.uk/find-local-mediator

However, medication and MIAM will not apply if there has been previous MIAM attendance by the parties, or if there are child protection concerns. Other reasons would be urgency, so if there was a risk for the safety of the child (or the applicant). Other reasons would be where there has been domestic violence and this has been evidenced (e.g. Police become involved), or you do not know where your ex lives. If social services are involved due to welfare and safety of the child then again, mediation is not required. Other reasons would be if your nearest mediator is more than 15 miles away from your location. If a mediator can show that MIAM is not appropriate because your daughter's ex refuses to attend then this is another reason. Likewise if you have applied for mediation in the last 4 months and the mediator has confirmed it is not suitable to resolve your dispute.

In order to apply to the court, your daughter will need to fill out and send form C100 (copy attached) with a cheque of £215 payable to HMCTS to her local family court centre. Or she can ring the court and pay over the phone (or pay in person if she goes directly to the court and pay at the counter). If she is on low income/have low savings she can apply for a fee exemption here: www.gov.uk/get-help-with-court-fees

Once you apply the court will list a hearing where you and your daughter and her ex attends. There will be a family advisor there too (from Cafcass) and if arrangements can be agreed then a consent order will be drawn up.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

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