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Hi All,
Been a while, looking for some quick advice.
Children's Mother, 6 and 9 years old, in precarious health having had two strokes years ago and there are other various issues.
Most recent issue is that she has been in hospital for a week and at best will be there another week. Hip problems and even when released from hospital will be unable to care for the children for weeks.
Mother and children live with Nanny and Granddad however are unhappy at the moment as they want additional time with Dad and being alone with Nanny and Granddad whilst Mother is in hospital and have asked why cant they stay with me. Allegations of DV between Nanny, Granddad and Mother and social services been involved twice this year.
I have contact Mother has residency.
I am of the inclination NOT to return the children and prevent Nanny and Granddad collecting them from school until Mother is released from hospital and fit.
Solicitors appointment on Friday however I am thinking on not returning the children tomorrow.
I don't want to shoot myself in the foot as we are going back to court, me enforcing telephone contact and asking for an amendment as Mother exploiting grey area.
Do I refuse to hand the children over or not or wait until I speak to the solicitor?
Regards,
Dave
Hi There,
.
This must be really difficult for you.
.
My experience isn't good enough to know the right answer, but I think I'm right in saying that if the mother has residensy then she can transfer care when she is unable, to who she chooses and if you were to keep the children you would be in breach of the current order.
.
Hopefully someone with more experince will be online soon to give you better advice.
.
GTTS
Hi Dave
It wouldn't be advisable to not return them, as GTTS states there's an order in place, but the court may see an action like that as taking advantage of your ex's situation. The grandparents aren't named on the existing order but it's known that they assist your ex in her daily activities, helping her look after the children being part of that.
Considering the recent health issues and SS involvement, you can apply for an urgent application to have the children live with you. As you have an ongoing enforcement case, you can apply to have a further application added to the existing case with form C2.
Do you have a hearing date?
See what your solicitors advises... but keeping them may well get the courts back up..... this has been a long, hard journey for you Dave, I'm sorry that things haven't settled for you.
All the best
How are you getting on and what did you decide to do in the end?
You've got my contact details, feel free to get in touch for a chat if you need to.
All the best.
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