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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34121
Experience:  25 years experience of all aspects of family law
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hi my ex partner and the mother of my children has refiused

Customer Question

hi my ex partner and the mother of my children has refiused to bring the children back to me i have a residence order which she has contact with them for half the school holidays and 1 weekend every 2 weeks i droped the children off half way on at the start of the holidays and she was ment to have the first week myself the second week the she would have two weeks and again myself two weeks but after she had them week one she did not bring them back and said they are not coming back becouse they are both crying becouse they want to stay with her i told her it also happens somtimes when they are going to her house but she will not listen to this she has said she has phoned children and family service about this which she has not i phoned them myself to see whats going on and there is nothing logged on at all i waited three weeks in to the holiday to make sure i was going by the court order and went to her house which she lives in with her other daughter my daughters half sister i went with the police so there was no chance of a public disturbance she told me agin that she would not be letting me take the children becouse they cryed and she has phoned children and family services i asked the police to help me i had the court order in front of me to prove i had residence they are unwilling to get in a tug of war between parents i have been told i can get an ex parte order to get them back but not sure what forms i need or what to put on the i have filled a c100 form in allready but not handed it in yet the children will have been living with me since 25 of nov 2010 the cour order was made on the 28th of june 2011 and she also tryed to take me to court in 2012 saying the girls wanted to live with her but was asked if she wanted to withdraw from court becouse she lied about still being in a relationship with a partner who was violent and abusive towards her which i had evidence she still was so she did withdraw please help thanks
Submitted: 4 years ago.
Category: UK Family Law
Expert:  Stuart J replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day today.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

How old are the children?
Customer: replied 4 years ago.

they have just turned 5 and 6 they where kept from me on there birthdays aswell


Customer: replied 4 years ago.

5 and 6 years old setteled in to school one is in year 1 the other is in year 2


Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to help you
Enforcement of a Residence Order is by way of a form C3 - this will give you an Order from the Court for the delivery of the child to you and the Police will have to assist with this
The forms are available from the website here
I hope that this is of assistance please ask if you need further details