[Solved] Worried the children won't come back

Hi

I will ask our legal experts at the Coram Childrens Legal Centere to pop on and given an opinion - hopefully they will answer soon, but due to the urgency, you could ring them directly - the link to them is at the bottom right of the site.

Thank you very much, I will look for a reply, if not I will ring them tomorrow.

Thanks again.

Hi,

Just a quick post to ask a few questions and re-assure you.

How often do your children see their mother?
Have the previous school attempted to notify you?

From this, i'd like to hear what the CCLC say, however i can tell you that both schools have shown negligence here. You should have been informed the moment that the request was made to each school. The fact is that you are the main carer here. That is what counts above all... to me, the most sensible thing to do (and its rare i say this) is that if you fear (and with good reason) that the children will not be returned you could:

- Raise a C100 to apply for Residency
- Contact Your Ex-Wife to state that you are not allowing Contact to go ahead this weekend, because you have a reason to believe that children will not be returned
- State to her that you are raising Court paperwork to apply for Residency and equally this Residency Order will outline through the inclusion of a Contact Order suitable times for her to have Contact, and until the hearing comes to Court you are not allowing Contact
- Speak to relatives who can pick up children from school (a (and the most) common place for a child to be taken back into the custody of another parent is from School or Nursery)

*Note: The school should not get involved if there is a dispute between separated couples*

- Contact the Local Education Authority (LEA) of both schools (if different) and explain the circumstance that you are the Custodian Parent, you have not been consulted on this, as main carer you have been kept out of the loop and you will be writing a complaint letter to the school board, your MP and OFSTED
- Ask firmly for them to dismiss the re-starting of your children to the school your ex has clearly set up
- Write said letters
- Keep in contact with LEA

Hello and thank you for taking the time to reply.

Their mother sees them about every other weekend, but this is not set in stone and she has missed up to 5 weeks. She had them for a week in the last holidays.

The previous school did not notify me of the application and they must have known at least 2 weeks ago as they said they were expecting the children to start then. I was only made aware of this by the present school's headmaster who has been very helpful and is appalled at both the schools action and that of their mother.

I will take the course of action you recommend in the morning.

Thank you very much indeed.

Hi,

If you need any particulars just post back, again as actd has said, its worth getting the CCLC's point of view as well.

Hi and thank you,

I will follow up all the avenues as advised.

Thank you for your message. In order to advise could you please give us a call on 0808 802 0008 as there appear to be numerous legal issues.

Yours Sincerely,

Coram Children’s Legal Centre

Thank you, I will give you a call Ihen I get home.

Hi,

I have spoken to the LEA where my ex has registered the children and the lady there has been very helpful. She has looked at the application and because it says they are resident in that county, which they are clearly not, she is cancelling the places.

Thank you all for your help thus far and I'm sure this has a few more twists and turns yet.

I shall keep you informed.

Thanks again.

Good news! Likr u say is sounds like more twists and turns to come - keep in touch

Hi again,

An update on my situation. All has been quiet recently but have just received a text from the ex to say there is a court hearing on 27th June and I'm now feeling very sick indeed. I don't have a solicitor so will be representing myself, has anybody got any advice/tips please?

Thank you

Hi Boston

Don't forget that the court aren't trying to catch you out, so if you make a mistake, or are nervous or not fluent, it's not going to count against you. Don't make derogatory comments about your ex, and if she makes any against you, don't rise to it, just calmly state the facts and tell your side. The court is acting in the best interests of the child, and that's your position as well.