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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4679
Experience:  LLB (Hons)
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My ex took my kids from me two weeks ago and wont bring them

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My ex took my kids from me two weeks ago and wont bring them back where do I stand
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, because he is violent and I'm worried about doing anything
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: Is he braking the law by taking the kids from me
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He has been diagnosed with adhd and has punched holes through out the flat in the wall and doors so he does scrare me as he pulled my baby out of my arms and took the boys with out my consent

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

Is there a court order in place stating the children should live with you?

What reason has the father given for not returning the children? How old are they?

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Customer: replied 1 year ago.
No there isn't a court order in place, and his reason for taking them was because I went to my neighbour's for a short time when my boys were sleeping. My children's ages are 3 years and 9 months .

Who did you leave the children with when you went next door?

Customer: replied 1 year ago.
I live in a block of flats and I took my baby monitor with me. It's a video one so I could see them.

Okay, well you probably shouldn't have done that and I am sure the father is very annoyed with you for doing so.

If you want the children returned to your care, as there is no order in place, you could turn up and ask the father to hand them over - however as you both have exactly the same parental responsibility for the children (if he is named on their birth certificates) then he is able to refuse to do son on the basis that he feels there are safeguarding issues. If he refuses to return them, then your only option is to apply to court for a specific issues order for him to return the children to your care immediately.

You can do so as a matter of urgency on form C100, the cost for which is £215, unless you are on a low income or benefits in which case you may be entitled to fee remission and should also complete form EX160.

The court will list the matter for an urgent hearing and will ask both you and the father to attend the hearing (mostly being done by phone at present) and give your side of the story. The court will make a decision in the interim and likely list the matter for further hearing so that the issues can be investigated.

SASH_Law and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much for your time, it's a lot clearer now

You're very welcome.

I hope you get the children back soon - they must be missing you.