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TOPIC: Please help

Please help 4 weeks 9 hours ago #96346

  • Poco
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Hello, need advice please.
I am currently filling in C1A and C100 forms.
Do I have a chance to win full custody and have my children living with me? After my family was removed from Child Protection Plan, my wife has removed the children from family home and I don't know where they are. Can I request full custody from court in C1A form in order to protect the safety and wellbeing of my children?

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Please help 4 weeks 8 hours ago #96347

  • Mojo
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Hi there

You will need to know their whereabouts to make an application.

Without more information about your circumstances, it’s really difficult to answer your questions.

I will say that it’s extremely difficult to get a transfer of residence (custody), unless there are serious safeguarding concerns for the children.

Have you spoken to the emergency child protection team, or the police? It might be a good idea to speak to them about your fears for your children... they may be able to shed some light on their disappearance.

Once you know where they are you can make an application to the family court and would use the C100 form to request that the children live with you and the C1a form to tell the court about the risks to your children.

Best of luck

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Please help 3 weeks 6 days ago #96353

  • Poco
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Hi,

Thank you for your reply.

I've spoken to social services but they would not tell me where my children and wife are. So, can I still fill in C100 form? And also the for is asking whether I have completed MIAM otherwise I cannot compete the form. As far as I know my wife doesn't want to us a mediator.

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Please help 3 weeks 3 days ago #96373

  • Poco
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Hi,

What if I have concerns about my wife's mental health. I am worrying about children's safety and wellbeing? And should I worry about that social services could take the children away from my wife and me too? Please advise.

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Please help 3 weeks 3 days ago #96377

  • Mojo
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Poco wrote: Hi,

Thank you for your reply.

I've spoken to social services but they would not tell me where my children and wife are. So, can I still fill in C100 form? And also the for is asking whether I have completed MIAM otherwise I cannot compete the form. As far as I know my wife doesn't want to us a mediator.


You’re appearing to say that they know where your wife and children are but won’t tell you..
It sounds like they’ve been placed in a refuge, meaning that there have been allegations of domestic violence made against you by your wife.

Without an address for them you can’t make the application, as the court paperwork would need to be served upon her.

Mediation is a requirement before a court application can be made, unless there is any history of domestic violence, in which case mediation isn’t appropriate.

Have you shared your concerns about your wife’s mental health issues with social services? If they know where she is, they should be able to reassure you about your children’s well being. If she and the children have been placed somewhere for their own safety, they will not tell you where that is. You could Try speaking to them about contact with your children and whether they can facilitate that. If they refuse to do that you can ask for an address for the court paperwork to be sent, as you are intending to make an application for child arrangements.

All the best

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Please help 2 weeks 1 day ago #96573

  • Poco
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Thank you Mojo,

I have a meeting with a solicitor next week (45 min free consultation) how to get the most out of this time, how to prepare for this meeting? Any advice will be highly appreciated.

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Please help 1 week 6 days ago #96631

  • actd
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write down all of the questions you want to ask, and then go through and prioritise, so that you get the most important questions answered first.

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