[Solved] Moved away with children due an attack

Hey Mate,

Be calm & Be prepared.

You need CAB or solicitor advise ASAP - given it is Bank Holiday - it will have to be Tuesday.

You may even be able to get Legal Aid - but that depends on individual circumstances...

There are support-based individuals at courts that can help (voluntary or fee based) called McKenzie Friends.

There is an excellent person that can probably help you find one called NannyJane from this forum.
I would drop a private message to her explaining your situation & urgent help to see if she knows someone you can contact.

You need to contact the police & social services ( I guess they are already involved).
Need letters/crime reference numbers/ proof that ex is a risk to your children/ you.

If your ex has applied for return of children - you need to complete an acknowledgement form (C7) & reply to her statement via the courts.

YOU need to apply for an emergency residence order of your children (without notice/ ex being present) & prohibited steps order on your ex on Tuesday morning in your family law court - C2 Form & C1A (violence form).
There is a fee remittance form if you are on limited income.

I would go to the local family court with the forms filled in with 4 photocopies (just in case) & £215 court fee or fee remittance form. I would speak directly with the court desk & explain your situation.
You wish to speak to the judge ASAP & explain your genuine fear of safety - if necessary be prepared to wait all day.

If approved, I would humbly request the judge to postpone Wednesday Hearing & set a new timetable; over concerns of your safety - given history.

You need to read the sticky subjects & watch the court process videos.

We are all here to help & I will monitor any replies that you may have this evening...

Hi there

This is such a distressing situation for you.

It's difficult with limited information to give you the right advice. You say she has applied to court for the immediate return of the children to the area.

What paperwork have you received?

What is the name of the order she has applied for? Is it a Specific Issue Order or a Prohibited Steps Order or is she applying for Residency?

I think as you have been attacked and the police are involved you will be entitled to Legal Aid to pay for a solicitor so get yourself to a solicitor first thing Tuesday. Take any paperwork you have concerning the attack, proof of benefits you may be receiving, bank statements for the last three months and any previous court paperwork relating to the residency that you have.

Also call the court office first thing Tuesday and explain that you have residency and left because you were attacked and the police are involved. Tell them you fear for your safety and are extremely worried about having to attend court as her family are also involved. Ask them what facilities they have in place for your protection.

If you get no joy at the solicitor (although I would hope you will) then here's a link to a webpage where you will find details of Families Need Fathers branches in your area. You will find contact details/phone numbers of the branch organisers which you should call immediately. Once they hear what is happening to you, even with short notice, they should be able to support you.

www.fnf.org.uk/help-and-support/local-branch-meetings

If you would like me to look for you send me a private message with the area that you live so that I can look into it further.

I have sent you a private message.

I would have a word with the Domestic Violence officer in your local police - I see no reason why you shouldn't be afforded the same protection that women often are given when their partners are violent.

It might also be worth contacting charities such as Action For Children and also your local council to see what services they can offer.

Hi I received a C100 form by email from the court. She is requesting a Specific Steps order that the children be returned immediately to the area. I have residency which was granted on an interim basis in Feb, she is yet to appeal that order or put forward her argument but it was written on that order that the mother may appeal for an adjustment and it would be dealt with expeditiously.

Do I need to respond to the C100 with a C7?

If I do have to attend on the 7th, do I just provide crime reference numbers or will I also need statements from the witnesses to the attacks?

I will ring the court first thing Tuesday morning

Yes you should return the C7 to. Court and it would also be appropriate to submit a C1a which will inform the court of the risks/welfare issues. I think it would be best to return the C7 by hand on tuesday and if you haven't been able to download the C1a you can get one from the court office and fill it out there and then. You could talk to them face to face about how you might be protected, and if you can have the case adjourned until you can find out about legal representation.

If you do attend on the 7th take as much proof as you can to back you up.

As the residence you have is an interim order I assume the case is ongoing so she could be intending to challenge that decision. I'm surprised that as she was given leave to appeal for an adjustment, that she hasn't done so.

I had no C7 form to return, only a C100 which was only part filled out and I'm unable to locate one online? The court I must appear at is about 100 miles away from where I currently reside, it's about 80 miles from where I moved from. So recorded delivery on Tues should get it there for Wed morning.

She didn't appeal as she has criminal crown court on May 14th, where if found guilty, it is likely she'll receive a custodial sentence.

Thanks for all of your help. I'll try to provide as much information to the court as I can. She also submitted zero evidence with her application, so I'm hoping I'll only have to provide my reasons with evidence for a decision to be made.

Well if you haven't been sent a C7 then don't worry about it.

As the court is so far away from where you are living, you should be able to get it adjourned and moved to a court in your area as you have the children with you and could have difficulty with child care arrangements. This is something else you should discuss with them when you call.

I feel the court should take all this on board, and as you have crime numbers and witness statements about the attack on you, that should be enough for a solicitor to get legal aid funding....get to a solicitors pronto on Tuesday as they can then take care of all of this.

You don't need to send a C100 in response, again tell the court the only paperwork you received was the applicants C100 and no C7 so that you can oppose her application and that you also want to submit form C1a in response as there are welfare issues and risk to you and the children.
Hopefully a solicitor can do all of this for you...try and get to see a solicitor at opening time on Tuesday, this still gives you time to call the court if a solicitor can't help. In my opinion you are entitled to Legal Aid because of the assault.