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Hi All.
I just found this site and wanted to share my situation for some advice or support.
Very briefly, I have been forced out of the family home and have split with my wife. We had just had a new baby who is now 3 months old. We also had a 1 year old boy as well.
I have always been as involved as possible but since leaving the home I have not been allowed to see the children at all.
Ex had a complete break down and is now in a mental health hospital. The children have been given to her mother to look after by her.
I have also been told im not welcome to see the children at her mothers.
They are calling all the shots and so after many attempts to see the children I have put a C100 in. Has anyone been in a position where you have PR and a family member had your children. I have been advised against trying to get them by my solicitor. So just got to wait and go via the courts.. Im just gobsmacked that as a dad with PR you have no rights to see your children. guess i have a lot to learn!
Hi there
Sorry for asking but were there any safeguarding reasons for contact to be stopped when you left?
Strictly speaking, her parents don’t have parental responsibility, theoretically that would mean that you have the right to remove them. However I can understand your solicitors advice not to go down that route, because a court may view that unfavourably.
I would have thought your solicitor would submit an urgent application, for your children to live with you and a Prohibited Steps Order to prevent them from being removed from your care.
Without knowing any details of your case, as you can appreciate, its very difficult to give you anything but a general response.
The fact that you’re being blocked from seeing your children at all, if there’s no reason for that, then the court should give full consideration to putting the children into your care, at least until the mother is recovered.
It’s important that this gets to court quickly, as the longer this situation goes on, the more of a precedent is set for the children to remain where they are.
How long ago did you leave.
Did you had a chance to spend any time with the new arrival before you split?
How long is it since youve seen you’re older child?
Do you think the breakdown of your relationship had anything to do with her mental health issue?
These are the sorts of questions that would be important to help,the court ascertain what the situation is and how best to deal with it.
Best of luck
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