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Hi Guys,
I have been a member for a while, but havent been active in the forum, an absolute newbie.. I got busy with my twins care once i realised i have legs to stand on . Thanks to this site, with their lovely write up about fathers responsibilities and rights, before i read that, I was made to believe that i have no say or rights to my twins and she can deny me access anytime..
Now this are my immediate and urgent problem right now with big hopes i can get an advice on how to get my children back home where they know as home to continue with their schooling that they were enrolled and started since September... until their mum came and collected them for the weekend, agreeing that i collect them on Sunday to continue education on Monday morning... but Sunday came , she has changed her mind, not the first time, (about change mind) that she don't want to be a weekend mum anymore, that she now wants to put them in a school next to her. and is now withholding my twins from coming home, the school have tried to get her and leave messages and she ignored them, so they called the social services to get involved... Im so worried for my twins, because as far as me and them were concerned, they were going to mummy to stay for the weekend and come home to continue school..
I need help on information, support or a point in the right direction to get my twins home soonest to continue their education, they have already lost a week and a day of knowledge in their life. Not only that, i tried to collect them this weekend from her which she agreed, but as i was leaving the house i got a message requesting that as i have threatened her( which i haven't in any way, i have proof, text or voice recording, no time have i done that) she says if i don't bring the kids passport and medical book then i might as well do not bother coming to get them. Then I told her its not a good idea to give her the passport and haven't replied to any of her other text. I am full of anxiety she might be looking to run off with the twins... so if any one of you guys can help or point me to where i can get some help or support to get my twins back... I am so worried about them, i dont think i have trust or confidence in their mother parenting nor her maternal instinct.. im sure she is breaking some law keeping the twins out of school... HELP!
Hi stanleyi and welcome to the forum.
How long were you the sole carer for your twins? What sort of contact did the mother have when they were with you?
I think the only action you can take is to go straight to court for an urgent residence order. I would get the C100 form filled out and take it down to the court in person asap, you can ask for it to be heard on the same day, but depending on the availability of a senior judge it may take a little longer. It might be advisable to mention on the C100 form that she is asking for their passports and you feel there is a real risk of her running off with them and ask for an emergency Prohibited Steps Order as well to prevent this. If you feel the children are at risk you should also fill out form C1a to tell the court about this.
The court fee is £215 but if you are on a low income or benefits you may be eligible for an exemption and you can claim this with form EX160a. Of course a lot of dads here represent themselves and its very doable, but if you are in a financial situation to be able to afford a solicitor, it might be advisable to get representation....
If you have any further questions about the court process just post on the Legal eagle section and you should get a better response there.
Best of luck.
If you have any questions
Hi Mojo thank you for your quick response...
we didnt have any contract apart from verbal agreement... I had the twins as a sole carer from when they were about 3 months and we didnt hear from her or see her till they were over 1 year old... That was when we had a verbal agreement of her having them every other week, than her having them back as she requested that she can cope now as they are older... this fairly worked out not absolutely smoothly cos there have been times she cancelled and changed her mind, which i covered for her and i have avoid having any arguments with her and accepted and take in a few unfavorable decisions from her towards my twins and covered and did what she didnt do for them to keep a smooth running of their care over there...
the twins started their reception on beginning of september this year, first week she was suppose to have them for the weekend she didnt come, she came on the second week and ask to have them for saturday and i can can come and collect them on the sunday... that was previous sunday, they have been with her without attending school for a week now.
I have done the C100 form and submitted it to the court with urgency C1A form too.. as she has pulled them out of school and awaiting hearing date... I did all that on last wednesday...
The bit of asking for the passport and medical book happened this saturday, 2 days ago, after trying to call her in the week with no respond, i sent her a text on friday if i could come and have them, she sent me a reply with agreement but i should come on saturday and that i should text her and come before 4.00pm, on saturday, i called her and confirmed leaving home, and as i was leaving to go get them, that was when she text , and requesting for the medical book and passport, i should put it in the bad so i dont forget, after my threat to her, she will need those before i can collect them, so i replied her that its not a good idea, and she said well dont bother coming that she wants the passport before i can have them, (which there was no time i threaten her, I have recording of our phone conversation and text dialog) she has been trying to get me, and try to make me out as a violent person or get me on default, so when i sense danger of an arguement i do not go there at all, and besides i dont want my twins seeing me arguing with her as this has never happened... thats why i didnt go to get them on saturday and see if my twins are fairing well...
the court are not aware yet of this recent developments...
Should i go back to the court and make them aware of recent development? i am still on income support and have been told i am entitled to legal aid... I have already posted on the legal eagle page I think( is that the ask the expert section?) I dont know a single thing about children.s law,
Do you think i need a solicitor? to represent me, I need a legal guidance and support... anxious, very lost and troubled with worries for my children... I want to do every thing right and dont make mistake and loose them...
And thanking you for your help so far.. and thanks i need all the luck i can get..
Hi stanleyi
Have you got a date for court? You should have had your first hearing now if you had applied as an emergency.
As far as Legal Aid is concerned, unless you have proof of domestic violence against you then you will not be eligible for It unfortunately. Legal Aid for family law cases was removed last year.
It might help for you to attend a Families Need Fathers meeting in your area, you will get face to face legal advice and support and meet others in similar situations. Here's a link to their webpage where you will find details of meetings in your area.
www.fnf.org.uk/help-and-support-2/local-branch-meetings.
If you haven't received an urgent hearing then I would contact the court office asap as urgent hearings are usually heard within a couple of days from the application.
Good luck
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