he has taken her kids!

podperson

23goingon30 wrote: »

No he lives in a flat, my sisters flat! And he thinks they are better off with the GP because he says he couldn't take care of them on his own! She tried talking to his mother but she has obviously taken her sons side, my sister is worried about talking to a solicitor incase it turns nasty she just wants her children back

I'm sorry but I think the time of hoping it won't turn 'nasty' is long gone. They are refusing to allow her access to her own children - how much nastier does it have to get for her to take action?? If they are living with the grandparents and not the father then she has a much stronger case as the gps have no parental rights to them.

princessdon

If children are at GP (not with father) then the GP have no PR. ask police to return them, if they were with the father this wouldn't be possible if both had PR, but they are not, so ask for them returned.

gizmo111

wildthing01 wrote: »

the birth mother has primary parental repsonisbility until a court takes it away, and her consent is required for actions relating to her children. the GPs don't have PR, so technically if kids are with them without birth mother's consent, I'm not sure that's legal (but don't quote me).

police need to be involved and SS straight away i'd say. the system usually favours birth mother esp with such young kids as 8 mths (she's not still breastfeeding i asume?). separation from birth parents at such young age can cause longer term problems, so the aim is to keep kids with parents as long as poss. the birth mother also needs to be accessing support for her PND, support is out there.

Thats incorrect both mother and father have the same legal PR over the children, neither has over riding PR. Mother needs to get into a court asap and get an Emergency Interim Residence Order - course dad amy well dispute this. SS are unlikely to get involved but may do a welfare check on the children if there are concerns aout the grandparents ability or suitability to care for the children. The grandparents have no PR and the police can accommpnay mother ti remove the children, however they cannot take them from the father as he has equal PR - unless there are welfare concerns.

pinkshoes

The mother should go to the grandparents house with the police and collect the children. The grandparents have NO rights, the father has already said he can't look after them, and the mother DOES want them.

The police would be irresponsible to let the children stay with the GPs when the mother is able and wanting to have them!

clearingout

OP - this is legally complex and as you can see, there are a lot of opinions as to what will/won't happen. Your sister needs proper legal advice very quickly - could you go with her to a solicitor and help her put her story across and listen to what the solicitor says. I think this advice would be worth paying for - many solicitors will do a first appointment free anyway.

In my opinion, a court would return the children to their mother in favour of the grandparents if the father is admitting he is unable to care for them. It is NOT the case that he is somehow able to stop her seeing her children by going to court - a no contact order is very, very rare and nothing you have indicated in your posts suggests that mum is a risk to the children. In other words, your sister has nothing to fear from going to court.

As an aside, in who's name is the child benefit? and if they are now living separately, how is claiming the tax credits?

I would also try wikivorce.com for advice and support on the issue.

RAS

Your sister has to move back into the flat immediately. Is the child benefit in her name?

She also needs to talk to social service urgently and find out what exactly her exhusband has said.

And she needs to solicitor urgently. She probably needs to speak to someone like Women's Aid as this may actually be an abusive situation. Also they can help her re legal aid (the new rules that have just come in means she may not be able to get any).

And she needs to get her head round the fact that things have already got nasty.

LannieDuck

He's taken her home and her children.. and she doesn't want things to get nasty?!

marisco_2

So in the space of about 3 weeks events have changed from initially giving your sister a break, then suggestion of a trial seperation and now to a permanent split and your sister being expected to agree to the children staying permanently with her husband and the paternal grandparents.

I expect this sudden turnaround has left her very worried and shaken. I would suggest she tries again to contact her husband and gets to the bottom of why he sees this as the only way forward. Whatever has gone on between them and lead him to reach the current decisions, that should not detrimentally affect their children.

Chidren need both parents in their lives and have a right to experience a calm, happy and positive relationship with both of them. Not to be caught up in the middle of this situation.

Could she suggest to him that they have counselling or try mediation? It doesn't sound as if he would be very open to that idea right now but it has to be worth a go. If all else fails then she will be left with no choice but to contact a solicitor and take legal advice.

In the meantime advise her to stay calm and polite in any communication she has with her husband and his family. It may gaul her to do this but it is important that she handles things very carefully right now. Sorry to hear she is going through so much and I hope for everyones sakes that things will be sorted out soon.

floralaura

She needs to get a solicitor and get a residency order, quick.
Even if its the GP's that have the children this can go horribly wrong. My Son was taken by GP's and 9mths on I still dont have him back-despite going to court and involving the police. All they have to do is make one allegation against your sister and it will put a huge barrier in the way of getting them back-as I have found out its guilty until proven innocent in these situations..by which time the Children will have been away for so long that will be used against her aswell despite it not being her doing.
Its got nasty already, she needs to get nasty back now though.

Sky_

She needs to see a solicitor urgently and get the children back into her care!

I'd be calling the police tonight and asking for help to get them back in my care. Their grandparents have no right at all to keep them!

The flat could be more complex, depending on whose names it's in, if it's rented or mortgaged and when she acquired it (before or during the marriage), but the solicitor should be able to advise on this once the children are back in her care.

Could a family member help her to move back into the flat and possibly stay there with her for a while?