A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020
Mon/Fri 9am-8pm       Sat/Sun 2pm-8pm
Call for FREE expert advice & service info

Safety and Welfare of my Children

  • bobby_super
  • bobby_super's Avatar Topic Author
  • Fresh Boarder
  • Fresh Boarder
More
2 years 2 months ago #500168 by bobby_super
Safety and Welfare of my Children was created by bobby_super
Hi,

I will give a brief description of what is going on and any advice would be more than welcome if anyone has been in a similar position.

i have major concerns regarding my ex wife's drug use and her current partner being a drug dealer.

i have slightly buried my head in the sand the last 2 years as the children are with me most weekends and we split care 40/60 in my ex's favour. however, recent events have prompted me to take action. a few weeks ago their was an attack on the children's home by rival drug dealers and by pure luck the children were with me at the time. others were not to have known that tho. my ex has lied to the police for obvious reasons as to why the attack happened.

i took the children into my care straight away and was advised by my solicitor to file for a prohibitive steps order and an urgent application to the courts. i did this and was met by my ex wife with a non molestation order for my violence (we haven't had anything to do with each other for 4.5 years). lots of lies but some truths which i can not deny.

she filed for an ex parte application on the basis that the children be returned to her and they are not safe with me (never stopped her from letting me have them every weekend whilst she goes out). the judge threw this out and told her not to take the children back from my care which was duly noted in a letter from her solicitor. there was a hearing listed 4 days later which we were both to attend on the non mol but in the meantime my ex had gone to my children's school and taken them out and took them back into her care after being with me for 4 weeks.

we go to court and we both sign a very basic cross non mol order but until the hearing for my application i am now the one with much more limited contact with my children!!!! the judge ordered a section 47 report to be done in the meantime because of the seriousness of my allegations but i can't help thinking i was given the wrong advice from my solicitor by not going for an ex parte hearing myself on the basis of what happened at their home!

we are now in the process of doing CAFCASS reports but i can't help but feel it has been turned around on me when the safety and welfare of the kids should be paramount! can the section 47 report ask for a drugs test? i know i will when we go back in a few weeks.

i understand no violence of any kind is acceptable but what i did in the past with regards to what she has put in her statement is ridiculous and very petty (no actual violence was ever committed against her or in front of the children)

i want full residency until my ex can get the help she needs. has anyone ever had any experience of this kind of situation. i am worried sick about the outcome but more importantly worried to death about the children over the next 3/4 weeks!

thankyou for reading

Please Log in or Create an account to join the conversation.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11