Father refused to return children situation is getting worse please help!

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Mary33
Posts: 1
Joined: Sat Sep 04, 2021 11:52 pm

Father refused to return children situation is getting worse please help!

Post by Mary33 » Wed Sep 08, 2021 1:56 pm

My ex husband and I have been split 6 years. 2 children together age 10 and 7. They live with me full time and the father barely sees them. He had them for a weekend 3 weeks ago and refused to return them. He hasn't let me see them.
Urgent court hearing took place today where the judge postponed due to confusing evidence and the judge not being able to look at the case properly.

By the time it's the next court hearing in will be 5 weeks I won't have seen my kids. He is refusing to let me speak to them.

Last minute He has said how I smack and swear at my children regularly this is NOT the case and I can back up the fact I'm an amazing mother. More evidence is being gathered but I'm so scared I won't get my boys back. Their father is doing this to hurt me.

Any advice please or anyone been in similar situation? I'm really struggling her. U have a solicitor. Thank you ❤

Equ113
Posts: 1
Joined: Tue Sep 14, 2021 9:18 am

Re: Father refused to return children situation is getting worse please help!

Post by Equ113 » Tue Sep 14, 2021 6:41 pm

I am sorry to read about your difficulties. Your children are at an age where their views will have significant bearing on what the court decides in terms or where they will live. Courts typically ask children services or Cafcass officers to make enquiries and obtain the views of the children. Where there are dispute around historical facts that have bearing on the cases a fact-finding hearing (a hearing to verify the accuracy of allegations). It is not uncommon for cross-allegations to be made during court hearings, which is unsurprising given the heightened emotions and entrenched positions. I always advise parents to seek some middle ground solutions. You mentioned that the s the next court hearing in will be 5 weeks and I agree it is a long time to be away from your kids. Perhaps you could offer to have contact with the children accompanied by a mutually trusted friend or family member while to court deals/investigates any allegations. I know it does not seem much, but it could builds momentum towards a resumption of contact and a restoration of custody.

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Suzie, FRG Adviser
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Joined: Mon Jul 04, 2011 2:57 pm

Re: Father refused to return children situation is getting worse please help!

Post by Suzie, FRG Adviser » Thu Sep 23, 2021 11:39 am

Dear Mary33

Welcome to the parent’s discussion board and thank you for your post. At Family Rights Group we give advice to families who are involved with or want help from children’s services. From what you say, there is no children’s services involvement, and your situation is private law

Your children have been in your care since you separated from their father six years ago. Their father has had sporadic contact since this time. Three weeks ago, the children went to stay with their father, and he refused to return them to your care. He is alleging you swear and smack your children and you dispute this. An urgent court hearing was scheduled to address this matter, but this was postponed by the Judge due to capacity for the case to be heard thoroughly.

It is positive that you have legal advice to support you through this difficult time and that you have acted swiftly to address the matter through the court process. You may find it useful to look on the Children and Family Court Advisory and Support Service Cafacss. This provides information and guidance on private law proceedings and offers guidance on how contact between children and non-residential parents can be managed in the children’s best interest. There is also a section for children and information about the assessment process section 7 reports which you may find useful.

I have also added a link to Rights of Women who have more information on fact finding hearings

I would advise you to go back to your solicitor with any questions as they will have full knowledge of your case, including any matters relating to contact with your children.

I hope this information has been helpful for you.

Best wishes

Suzie

FGT676
Posts: 5
Joined: Fri Apr 08, 2022 3:08 pm

Re: Father refused to return children situation is getting worse please help!

Post by FGT676 » Sat Apr 23, 2022 12:04 pm

I'm going through the exact same,first hearing on Wednesday. My ex partner was meant to help for 2 weeks,it's been 2 months and he's not returned them and stopped contact. I miss my girls,a social worker is involved but he's putting on a show as the perfect dad,it was a dv relationship but they are trying to say I'm unstable after losing my nana Sept 21,I'm so scared. Sending love to you x

FGT676
Posts: 5
Joined: Fri Apr 08, 2022 3:08 pm

Re: Father refused to return children situation is getting worse please help!

Post by FGT676 » Sat Apr 23, 2022 12:06 pm

I've brought them up alone,he always walked out,cheated. Now he's claimed they live with him full time,getting a 2 bed house as he's in a 1 bed flat and I've not seen my girls since April 5th, good luck and I hope you get there in the end. X

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