Hello, I would like some legal advice please. I originally am from India (I have acquired British nationality now). I have 2 children. I got separated in 2013 and divorced in 2018. I have lost contact with my children 7years ago. My children are now 12, 13 years old. In 2013 after separation I applied for full custody of my children but I dropped the case and my wife since have had the custody of my children. the court ruled that I shall have regular contact with my children which was three days a week when I am in England or regular video calls if I am out of England.
Till 2015, I had contact with my children even though my ex wife tried causing problems to stop me from seeing kids. But in 2015, 2016, I was in and out of country quite a lot, I had to travel to India regularly. And at this time she succeeded in breaking my contact with my children. When I returned to England then she had moved and I was not able to find the new address of her. I tried to search a lot but I could not find her. Now I know where she lives and I have been writing letters to her asking to let me see my children. But she has never responded. I have also tried mediation but she did not respond to that either.
my children probably don't even remember me now as they were only three four years old at that time.
Now I have found out which schools they both go to. I am thinking of going to court to start contact again. Which I will be doing in September this year.
What I would like to know that is it okay and legal for me to write to their school to find out how are they doing in their schools, studies, exam results and any medical issues if they have. There is no injunction or any restriction on me which could stop me from seeing my children. my record is all clean I have both children's birth certificate and my name is on both of them, so my understanding is that I still have parental responsibility even though the contact has been broken from last 7 years. So if I write to their schools, will they allow me to have this information and will I be allowed in any parent meeting in school?
The second thing I would like to ask is that I am thinking of filling out C100 application form in next few days but I how to travel to India in end of may and I will have to stay in India till mid August. My understanding is that once I have submitted c100 form to the court then I should here back from court and have a date in next 4 to 6 weeks but I will not be in England. is it possible that I can submit C100 now but ask the court to give me a date in end of August when I am back in England?
The third question is that, will it be ok for me to write letters to my children and send by post.i do not want any legal troubles. Can my ex wife cause any issues for me if i send letters, cards, gifts for my children?
I will really appreciate if someone with experience can please answer these questions and provide some advice and guidance.
Hi,
With your parental responsibility you are free to contact school and ask for information about the childrens progress.
If you make court application, your first hearing will usually be in 3-4 months time. If you live in India, you can ask court can you have a remote hearing, so you don't have to travel to UK for hearing.
Hi Bill337, thanks for replying. I note that you say that first hearing will be in 3-4 months time, i should be back in England before then. Thanks for this information.
Am i ok to send letters to my children by post. i do not want any legal troubles. Can my ex wife cause any issues for me if i send letters, cards, gifts for my children to her house?
I expect that if you send letters etc she may well destroy them. However, there is nothing to stop you. Don't do anything that might give her cause to accuse you of harassment
hi champagne, thanks for replying. I know she might distroy them and never tell children about anything. But as long as I am allowed to send letter, cards, gifts etc I would like to do that. I am not going to write anything offensive or upsetting. All I will be doing is just write to my children to just tell them I am well, alive, and love them and miss them and want to meet them.
Is that ok? Am I legally allowed to do that?
I don't see a problem with it unless you have been prohibited from doing so. Maybe stick to birthdays until the court hearing.
@champagne thanks champagne, no, I am not prohibited from doing so.
I will just write up a few letters and cards.