Need advice please.

[wildz90]

Social services came and took my 3 sons away from by lies of my partner and now my ex, doing class A drugs and I passed the drug test with no drugs, I don't do drugs at all part from painkillers and she saying I hit her, I never hit her only on the bum in a nice way she likes, i offered social worker all the evidence and they dont care, and i found out my ex partner my sons mum, sexually molested her sister when she was young and the social worker don't care at all not even bother, I applied for emergency custody of the courts and waiting to hear back from them, I have told the courts what I have found out in a note book in her handwriting. It's been a month now from my sons have been taken away, I don't drink, I don't do drugs, I was a full time carer for my eldest who is autistic he is 5 years old, a 3 year old who is highly asthmatic, and a healthy 1 year old, I know she can't cope with all of them because I did everything to doctors, school, nursery, hospital, dentist even down to cutting there nails I love every second being a father, now she makes such false allegations and it's ripped me about inside but staying strong for my sons.

Any advice please?

 

[Ash]

I don't think you'll get emergency residency unless you have the back up of social services unfortunately. It would have been better to apply for a general Child Arrangements order and ask for 50/50. The way family court works is, everything is "he said she said" unless there is authoritative evidence. Unfortunately it looks like social services are supporting your ex. Are you still on speaking terms with the ex and have you tried mediation?

If there is conflict, with accusations on both sides, they could just leave the kids with the ex as that's the way the system works if both parties make allegations. They say conflict between parents is bad for the kids, and the system is biased towards Mothers.

I think the priority maybe should be to try and get some regular time with your kids. Is your ex refusing any time at all?

 

[wildz90]

They say I have to go court, I tried mediation but she no it, I tried doing 50/50 my ex not talking to me at all, no one telling me the wellbeing of my children and I just found out by going to the place with lived I been summoned on a non mol order I have read it and like wow all these allegations are so false it made me cry, wanting to hit the bottle, poured it down the sink and went to relatives house, I not been back to the flat in ages because of the pain, and social services let a emotional support dog die that should of been with autistic son, he would not eat at all I had a hard choice to make.
I am losing everything place with lived, she's left me in debt she stole and fraud me with stuff in a pawn shop and all i get told its civil matters. No one let let me see my son's at all social services and my ex not let me.

 

[Ash]

Sorry you're having a rough time. Hang in there. You say you've applied for an emergency residency order - have you heard anything back yet about that? You'll have a date for an NMO hearing won't you? It's usually best not to contest that or it can drag on for a year or more and delay you getting to see your kids. What most Dads try and do is an undertaking. That means you undertake not to contact her without admitting any fault. If the Judge won't accept an undertaking then you can do a no fault admission. In other words you're saying - none of this is true but I agree not to contact her. You need to be careful not to breach that afterwards, so you'll need a third party for communication if ex doesn't have a solicitor.

Ideally now you'd be putting in an application for 50/50 to get an order for your kids and get the ball rolling for some interim time with them while it's being sorted out. But if you've already put a C100 in for the kids to live with you, you can't really submit another one.