Law
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My name is ***** ***** I am going to see if I can assist with your query. Let me just read your first post. I may need to ask you additional questions after I have read it, and if I do, they will appear below. It is important you answer all the questions I ask, so that I have the information I need to give you an accurate response. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.
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How old are the children?
Why did she run away?
Do you know where she has gone?
Is she alleging abuse from you against the older child?
Right, so what is your question about this?
She is entitled to spend time with the children, so you should not stop her from doing that.
However if you think she will snatch them, then you can make an application to court for a child arrangements order for the children to live with you. You can do so on form C100, cost is £232.
Until you apply you and she both have the same parental responsibility, so either of you can have the children living with you, or collect them from school for example and take them home.
You might also want to consider making a prohibited steps order (PSO) application to prevent her taking the children from your care or from their school/nursery - but once you make an application to court she is likely to raise her allegations. The PSO can be applied for on the same C100 form.
When did you apply?
Have you heard from CAFCASS yet?
Can I clarify anything further for you?
That's good. The next step is cafcass will contact both you and the mother and take info from you both and do background checks with police and social services and then report to the court in time for the first hearing.
At the first hearing the judge will decide if he/she needs more information and will direct you to file witness statements.
So it is a matter of waiting for the call from cafcass and then attending the hearing.
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